Daniel Ashwadhaman Naidoo v. Immigration and Naturalization Service

45 F.3d 436 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Daniel Ashwadhaman NAIDOO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 93-70452. United States Court of Appeals, Ninth Circuit. Submitted Dec. 14, 1994. * Decided Dec. 16, 1994. Before: BOOCHEVER, NORRIS, and HALL, Circuit Judges. 1 MEMORANDUM ** 2 Naidoo appeals from a decision of the Board of Immigration Appeals ("BIA"), finding him statutorily ineligible for withholding of deportation under 8 U.S.C. Sec. 1253 (h). Section 1253(h)(2)(B) provides that an alien who has been "convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States," and is ineligible for withholding of deportation. While Naidoo concedes deportability and further concedes that he has been convicted of a "particularly serious crime," he contends that the BIA erred as a matter of law by refusing to allow him to present evidence that he is nonetheless not a…