Zdenek Stepanek v. Immigration & Naturalization Service

39 F.3d 1188 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Zdenek STEPANEK, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70247. United States Court of Appeals, Ninth Circuit. Submitted Oct. 5, 1994. * Decided Oct. 31, 1994. Before: WALLACE, Chief Judge, REINHARDT, Circuit Judge, and TANNER, ** District Judge. MEMORANDUM Stepanek petitions for review of the refusal by the Board of Immigration Appeals (Board) to grant him a waiver of inadmissibility under section 212(c) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1182 (c). The Board has jurisdiction under 8 U.S.C. Sec. 1252 . We have jurisdiction over this timely petition pursuant to 8 U.S.C. Sec. 1105 (a). We allow the petition to review the Board's order and remand to the Board. It is not contested that Stepanek is eligible for a waiver under section 212(c). We review for abuse of discretion the Board's determination of whether to grant Stepanek the waiver. Because the Board…