Otuma Bernard Agadaga v. Immigration and Naturalization Service

46 F.3d 1138 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Otuma Bernard AGADAGA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70319. United States Court of Appeals, Ninth Circuit. Submitted: Jan. 11, 1995. * Decided: Jan. 19, 1994. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Otuma Bernard Agadaga, a native and citizen of Nigeria, petitions for review of an order of the Board of Immigration Appeals ("BIA"), which dismissed as untimely his appeal from an order of an immigration judge ("IJ") finding him deportable because of his failure to adhere to the conditions of his student visa. 3 In his petition to this court, Agadaga contends that: (1) the BIA erred by ruling that he was required to file his notice of appeal within the filing deadline with the Office of the Immigration Judge ("IJ Office") and not with the Immigration and Naturalization Service ("INS"); and (2) his notice of appeal was, in any…