Tamavua Toelupe v. Immigration and Naturalization Service

5 F.3d 540 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Tamavua TOELUPE, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 89-70045. United States Court of Appeals, Ninth Circuit. Submitted Sept. 2, 1993. * Decided Sept. 16, 1993. 1 Petition for Review of an Order of the Board of Immigration Appeals, INS No. Abe-yfp-qtg. BIA 2 AFFIRMED. 3 Before: D.W. NELSON and NORRIS, Circuit Judges, and TANNER, ** Senior District Judge. 4 MEMORANDUM *** 5 This is a deportation case. Petitioner Tamavua Toelupe, a native and citizen of Western Samoa, appeals from the Board of Immigration Appeals' affirmance of an immigration judge's decision finding him deportable for overstaying his temporary visa and for failing to maintain nonimmigrant status, and denying his application for voluntary departure. We have jurisdiction pursuant to Sec. 106(a) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1105a(a)(1). WE AFFIRM. I. Background 6 Petitioner Tamavua Toelupe is…