Esmail Rajaie v. Immigration and Naturalization Service

9 F.3d 1553 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Esmail RAJAIE, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 92-70073. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1993. * Decided Nov. 9, 1993. 1 Before: TANG, FARRIS, and RYMER, Circuit Judges 2 MEMORANDUM ** 3 Esmail Rajaie petitions for review of an order of the Board of Immigration Appeals (BIA) affirming the immigration judge's denial of his petition for adjustment of status under § 245 of the Immigration and Nationality Act, 8 U.S.C. § 1255 . He argues that the BIA failed to consider the possibility of a waiver of deportation pursuant to 8 U.S.C. § 1182 (i) for aliens with spouses who are United States citizens. We have jurisdiction pursuant to 8 U.S.C. § 1105a, and we deny the petition for review. 4 Rajaie argues that the IJ had jurisdiction to grant a waiver of excludability pursuant to 8 U.S.C. § 1182 (i) that overcomes the bar to…