Jerry Dalere Agtang v. Immigration and Naturalization Service

67 F.3d 305 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerry Dalere AGTANG, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70350. United States Court of Appeals, Ninth Circuit. Submitted Sept. 12, 1995. * Decided Oct. 3, 1995. 1 Before: BROWNING, PREGERSON, Circuit Judges, and TANNER, ** District Judge. 2 MEMORANDUM *** 3 Jerry D. Agtang, a citizen of the Philippines, petitions for review of a decision by the Board of Immigration Appeals affirming an immigration judge's denial of his motion to reopen deportation proceedings under 8 U.S.C. Sec. 1252b(c)(3). The IJ had conducted an in absentia deportation hearing and ordered Agtang deported. We have jurisdiction under 8 U.S.C. Sec. 1105 (a). We reverse and remand. FACTS AND PRIOR PROCEEDINGS 4 Jerry D. Agtang was born in the Philippines. He entered the United States on March 11, 1988, as a conditional permanent resident because of his marriage to a United States citizen. The marriage ended in…