Sandor Barabas v. Immigration & Naturalization Service

15 F.3d 1083 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sandor BARABAS, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 92-70282. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 11, 1994. Decided Jan. 28, 1994. Before: CHOY, SCHROEDER, and NOONAN, Circuit Judges. 1 MEMORANDUM * I. FACTUAL AND PROCEDURAL BACKGROUND 2 Sandor Barabas is a Hungarian national who entered the United States on July 15, 1987 as a non-immigrant visitor, authorized to remain until March 1, 1988. On March 3, 1989 he had not yet departed, and the INS served Barabas with an Order to Show Cause, charging him with deportability for having overstayed his non-immigrant visitor visa, under section 241(a)(2) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1251 (a)(2). 3 Barabas appeared before the Immigration Judge (IJ) on May 22, 1989. Assisted by counsel, he conceded deportability and stated his intent to apply for asylum. His hearing was…