Juan S. Barnedo v. Immigration and Naturalization Service

17 F.3d 393 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Juan S. BARNEDO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 92-70293. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1993. Decided Dec. 10, 1993. Before: POOLE, WIGGINS, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Juan N. Barnedo petitions for review of a Board of Immigration Appeals (BIA) order denying his motion to reopen his deportation hearing to consider an adjustment of status. We have jurisdiction under 8 U.S.C. Sec. 1105 (a) (1988). We conclude that the BIA abused its discretion. Accordingly, we grant the petition for review, reverse the BIA's decision, and remand with instructions to reopen Barnedo's deportation hearing. BACKGROUND 3 On August 25, 1987, Barnedo, a citizen of the Philippines, was admitted to the United States as a nonimmigrant visitor with permission to remain for one month. He overstayed, living with his wife, at the time a…