Rodolfo Mendoza-Gonzalez v. Immigration and Naturalization Service

64 F.3d 666 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rodolfo MENDOZA-GONZALEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 93-70597. United States Court of Appeals, Ninth Circuit. Submitted Aug. 8, 1995. * Decided Aug. 11, 1995. Petition to Review a Decision of the Immigration and Naturalization Service, I & NS No. Avc-bza-swl. I.N.S. PETITION DENIED. Before: THOMPSON, LEAVY, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Rodolfo Mendoza-Gonzalez petitions for review of the Board of Immigration Appeals' order of June 17, 1993, which dismissed the petition on the basis that the petitioner's 1985 departure from the United States terminated his appeal pursuant to 8 C.F.R. Sec. 3.4. 1 3 Mendoza was found deportable as charged and ineligible for suspension of deportation relief pursuant to 8 U.S.C. Sec. 1254 on September 6, 1984. The petitioner filed his timely appeal with the BIA. On September 7, 1989, the BIA, unaware of petitioner's 1985…