Roman Balderas-Nieto Maria Baca De Balderas v. Immigration and Naturalization Service

5 F.3d 534 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Roman BALDERAS-NIETO; Maria Baca de Balderas, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 91-70716. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 8, 1993. Decided Sept. 22, 1993. Before: KOZINSKI, SILER * and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 A. As the government concedes, the INS granted Maria Baca de Balderas lawful permanent resident status on February 24, 1989. We therefore dismiss as moot her petition to suspend deportation proceedings. United States v. Munsingwear, Inc., 340 U.S. 36 (1950). 3 B. Relying on the erroneous premise that Roman Balderas-Nieto and his wife Maria Baca de Balderas never applied for legalization benefits, the INS moved to reinstate this proceeding after it had been in abeyance for 3 1/2 years. The BIA reinstated the case but summarily dismissed it under 8 C.F.R. Sec. 3.1(d)(1-a)(i), on the ground that petitioners' notice…