Carlos Porfirio Arevalo-Figueroa v. U.S. Immigration & Naturalization Service

28 F.3d 104 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carlos Porfirio AREVALO-FIGUEROA, Petitioner, v. U.S. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 92-70736. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 2, 1994. Decided May 23, 1994. 1 Before: KOZINSKI and TROTT, Circuit Judges, and WILLIAMS, * District Judge. 2 MEMORANDUM ** 3 Carlos Arevalo-Figueroa petitions for review of the Board of Immigration Appeals' ("BIA") decision denying his motion to reopen his deportation proceedings and his motion to reconsider dismissal of his May 1989 appeal. The decision on an applicant's motion to reopen is reviewed for an abuse of discretion. INS v. Doherty, 112 S.Ct. 719, 725 (1992); see also INS v. Rios-Pineda, 471 U.S. 444, 449 (1985). 4 Arevalo-Figueroa claims he was denied his Sixth Amendment right to representation during his appeal. "The Sixth Amendment's guarantee of the right to counsel is not applicable to deportation…