Myung Sook Choe v. Immigration & Naturalization Service

69 F.3d 543 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Myung Sook CHOE, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70590. United States Court of Appeals, Ninth Circuit. Submitted Feb. 9, 1995. * Decided Oct. 31, 1995. Before: BROWNING, D.W. NELSON and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Myung Sook Choe petitions for review of a decision of the Board of Immigration Appeals finding her deportable under 8 U.S.C. Sec. 1251 (a)(1) for having entered the country without a valid unexpired immigrant visa. 3 The Board concluded that Choe's marriage had not been bona fide and that no injustice would result from relating the annulment back to the date of the marriage so as to find that Choe had been excludable at the time of entry. In so concluding, the Board assumed it had discretion to give the annulment retroactive effect. The Service did not raise, and the Board did not consider, whether Choe was deportable under former 8 U.S.C. Sec.…