Hossein Hamzavi v. Immigration and Naturalization Service

46 F.3d 1141 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Hossein HAMZAVI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 93-70459. United States Court of Appeals, Ninth Circuit. Submitted: Dec. 14, 1994. * Decided: Jan. 4, 1995. Before: BOOCHEVER, NORRIS, and HALL, Circuit Judges. 1 MEMORANDUM ** 2 Petitioner Hamzavi seeks review of the Board of Immigration Appeals' affirmance of the Immigration Judge's decision (1) to grant the INS's motion to reopen, (2) to reconsider its previous holding, and (3) to deny petitioner's application for asylum and withholding of deportation. We deny the petition for review. 3 * A 4 Hamzavi argues that the Board erred in affirming the IJ's decision to grant the motion to reopen because the INS did not present material evidence that "was not available and could not have been discovered or presented" at the prior proceeding as required by the governing agency regulation. 8 C.F.R. Sec. 242.22 (1994). While we agree…