Maria Marilyn Pagarigan 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Maria Marilyn PAGARIGAN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70164. 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 Maria Marilyn Pagarigan, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals' ("BIA") order upholding the Immigration Judge's ("IJ") order of deportation after a hearing held in absentia. In her appeal to the BIA, Pagarigan contended that she had reasonable cause for her failure to appear and requested the BIA to remand the deportation hearing to the IJ. We have jurisdiction pursuant to 8 U.S.C. Sec. 1105a(a), and we deny the petition for review. 3 Motions to remand deportation proceedings to an IJ are treated by the BIA similarly to motions to reopen deportation proceedings, Rodriguez v. INS,…