Otoniel Hernandez-Guzman v. Immigration and Naturalization Service

8 F.3d 27 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Otoniel HERNANDEZ-GUZMAN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 92-70151. United States Court of Appeals, Ninth Circuit. Submitted Sept. 3, 1993. * Decided Sept. 17, 1993. Before: TANG, CANBY, and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 Petitioner contests a final order of deportation issued by the Board of Immigration Appeals (BIA) on January 16, 1992. The decision affirmed the July 25, 1991, order of the immigration judge (IJ) finding petitioner deportable and denying his application for suspension of deportation. Petitioner argues that a Judicial Recommendation Against Deportation (JRAD) precludes his voluntary manslaughter conviction from rendering him statutorily ineligible for suspension of deportation. 3 Respondent contends that petitioner failed to exhaust his claim and, alternatively, that the JRAD does not bar a finding that petitioner is statutorily ineligible for…