Pedro Garcia-Soria v. Immigration and Naturalization Service

17 F.3d 394 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Pedro GARCIA-SORIA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 92-70628. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1994. * Decided Feb. 17, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Pedro Garcia-Soria, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeal's ("BIA") order upholding an immigration judge's ("IJ") denial of petitioner's request for voluntary departure after a hearing held in absentia. In his appeal to the BIA, Garcia-Soria contended that he had reasonable cause for his failure to appear and requested the BIA to remand the deportation proceedings to the IJ. We have jurisdiction under 8 U.S.C. Sec. 1105a(a). We review the BIA's denial of a motion to remand for an abuse of discretion, Rodriguez v. INS, 841 F.2d 865, 867 (9th Cir.1987) (treating a motion to reopen as a motion to…