John Stuart McNeur v. Immigration and Naturalization Service

52 F.3d 333 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John Stuart McNEUR, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 93-70651. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 13, 1995. Decided April 19, 1995. 1 Before: TANG and O'SCANNLAIN, Circuit Judges, and MERHIGE, Senior District Judge. * 2 MEMORANDUM ** 3 John Stuart McNeur, a native and citizen of Australia, petitions for review of the decision of the Board of Immigration Appeals ("BIA") denying his motion to reopen deportation proceedings for consideration of applications for suspension of deportation under Section 244(a)(2) of the Immigration and Nationality Act ("INA"), 8 U.S.C. Sec. 1254 (a)(2), and adjustment of status under INA Section 245, 8 U.S.C. Sec. 1255 . 4 Petitioner McNeur entered the United States in 1974 with a false New Zealand passport and tourist visa. He was originally adjudged deportable in 1977; however, because of his marriage to then…