Dimitre Dimitrov v. Immigration and Naturalization Service

67 F.3d 306 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dimitre DIMITROV, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70114. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 14, 1995. * Decided Sept. 20, 1995. 1 Before: BEEZER and THOMPSON, Circuit Judges, and EZRA, District Judge. * 2 MEMORANDUM ** FACTUAL AND PROCEDURAL BACKGROUND 3 On May 13, 1991, the Immigration and Naturalization Service (INS) charged Dimitrov with deportability under section 241(a)(1)(B) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1251 (a)(1)(B) (the Act), for entering the United States in an "unknown manner," apparently without inspection. After a deportation hearing at which Dimitrov conceded deportability, the IJ denied Dimitrov's request for asylum and withholding of deportation. 4 The filing deadline for the notice of appeal of the IJ's decision was August 2, 1993. Although Dimitrov submitted the filing fee to his attorney on…