Rigoberto Melo-Marroquin v. Immigration and Naturalization Service

46 F.3d 1143 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rigoberto MELO-MARROQUIN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70155. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1994. * Decided Jan. 11, 1995. Before: SNEED, D.W. NELSON, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Rigoberto Melo-Marroquin, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals' ("BIA") dismissal of his appeal from the immigration judge's ("IJ") decision finding him deportable for aiding and abetting the entry of illegal aliens into the United States within five years of his entry pursuant to 8 U.S.C. Sec. 1251 (a)(1)(E)(i). 3 On appeal to the BIA, Melo-Marroquin contended that the IJ erred by finding his criminal conviction final because, at the time of the deportation hearing, Melo-Marroquin had a habeas petition pending before the federal district court. The BIA did not reach the merits of…