David Omar Rodriguez v. Immigration and Naturalization Service

57 F.3d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David Omar RODRIGUEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 93-70970. United States Court of Appeals, Ninth Circuit. Submitted May 3, 1995. * Decided May 26, 1995. 1 Petition to Review a decision of the Board of Immigration Appeals, INS No. Arm-njw-abq. BIA 2 PETITION DENIED. 3 Before: FLETCHER, BRUNETTI and T.G. NELSON, Circuit Judges 4 MEMORANDUM ** 5 Petitioner David Omar Rodriguez appeals from an order of the Board of Immigration Appeals denying his motion to reopen his deportation hearing, which was held in absentia after he failed to appear. Rodriguez argues that he is entitled to a new hearing because he established reasonable cause for his failure to appear. We have jurisdiction, 8 U.S.C. Sec. 1105 (a), and deny the petition for review. FACTS 6 In 1990, Rodriguez, a native and citizen of El Salvador, entered the United States without inspection near San Ysidro, California.…