Theodore August Wittenberg v. Immigration & Naturalization Service

8 F.3d 34 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Theodore August WITTENBERG, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 92-70638. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 8, 1993. Decided Sept. 28, 1993. Before FLETCHER, POOLE and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 Theodore Wittenberg, a native and citizen of Germany, appeals the Board of Immigration Appeals' ("BIA" or "Board") decision reversing the immigration judge's ("IJ") grant of waiver of inadmissibility under Section 212(c) of the Immigration and Nationality Act ("Act"), 8 U.S.C. § 1182 (c) (1988). Wittenberg argues that because he was lawfully admitted for permanent residence in the United States in 1955, he is eligible for waiver under Section 1182(c). Wittenberg further argues that he is eligible for other relief, including waivers of inadmissibility under Sections 1182(g), (h) and (i), and suspension of deportation under Section…