Gurdip Singh v. Immigration and Naturalization Service

51 F.3d 282 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gurdip SINGH, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 93-71026. United States Court of Appeals, Ninth Circuit. Submitted Jan. 11, 1995. * Decided April 3, 1995. 1 Before: CANBY and NOONAN, Circuit Judges, and KING, ** District Judge. 2 MEMORANDUM *** 3 Gurdip Singh ("Petitioner") petitions for review of an order of the Board of Immigration Appeals ("BIA") denying his motion to remand proceedings to an Immigration Judge ("IJ") to seek suspension of deportation under Sec. 244(a) of the Immigration and Naturalization Act, 8 U.S.C. Sec. 1254 (a). We have jurisdiction pursuant to 8 U.S.C. Sec. 1105a, and we deny the petition. 4 The BIA's refusal to remand is reviewed for abuse of discretion, even if an alien is otherwise eligible for suspension of deportation. INS v. Doherty, 112 S.Ct. 719, 725 (1992); Ahwazi v. INS, 751 F.2d 1120, 1122 (9th Cir.1985). The BIA found that, because of…