Rabin Yadidi v. Immigration and Naturalization Service

2 F.3d 1159 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rabin YADIDI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 92-70042. United States Court of Appeals, Ninth Circuit. Submitted Aug. 5, 1993. * Decided Aug. 12, 1993. Before: NORRIS, WIGGINS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Rabin Yadidi is a native of Iran and a citizen of Israel. In 1985, he entered the United States as a nonimmigrant visitor. He then changed his status to that of a nonimmigrant student. See 8 U.S.C. Sec. 1101 (a)(15)(F)(i). After INS agents arrested Yadidi on March 30, 1990, the INS issued an Order to Show Cause alleging that he was no longer a student and was therefore deportable. 3 Yadidi appeared before an immigration judge ("IJ") on April 25, 1990. Through his counsel, Yadidi denied the allegations in the Order to Show Cause and denied deportability. Upon questioning by the INS, however, Yadidi admitted that he had graduated from high school. The IJ…