Josefa Ernestina Chaira v. Immigration and Naturalization Service

56 F.3d 70 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Josefa Ernestina CHAIRA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70296. United States Court of Appeals, Ninth Circuit. Submitted May 2, 1995. * Decided May 5, 1995. On Petition for Review of an Order of the Board of Immigration Appeals, INS No. Afm-sij-otc. BIA PETITION GRANTED. Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Josefa Ernestina Chaira, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") deportation decision. Chaira contends that the BIA erroneously applied 8 C.F.R. Sec. 216.3(b) (determination of marriage fraud) as the basis for rescission of her permanent resident status and deportation. We have jurisdiction under 8 U.S.C. Sec. 1105a(a), and we grant the petition for review. BACKGROUND 3 Chaira was granted her conditional permanent resident status based on her marriage to a United States…