Esteban Perez-Diaz v. Immigration and Naturalization Service

53 F.3d 339 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Esteban PEREZ-DIAZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70420. United States Court of Appeals, Ninth Circuit. Submitted April 19, 1995. * Decided April 26, 1995. Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Esteban Perez-Diaz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") decision which (1) dismissed his appeal of the immigration judge's ("IJ") denial of his motion for a continuance, and (2) summarily dismissed his appeal of the IJ's decision denying his request for voluntary departure under section 244(e) of the INA, 8 U.S.C. Sec. 1254 (e). We have jurisdiction pursuant to 8 U.S.C. Sec. 1105a(a). We deny the petition in part, and grant in part. 3 * Background 4 Perez-Diaz, a native and citizen of Mexico, entered the United States in 1984 as a lawful permanent resident based on his marriage to a…