Leodegario Mendoza-Rodriguez v. Immigration & Naturalization Service

69 F.3d 544 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Leodegario MENDOZA-RODRIGUEZ, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70664. United States Court of Appeals, Ninth Circuit. Submitted Feb. 9, 1995. * Decided Oct. 27, 1995. Before: BROWNING, D.W. NELSON and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Leodegario Mendoza-Rodriguez ("Mendoza") petitions for review of a BIA decision denying his application for suspension of deportation under 8 U.S.C. Sec. 1254 (a)(1). During the course of examination by the Immigration Judge ("IJ"), Mendoza indicated that at some time before his 1991 absence from the U.S., he had been detained and sent to Mexico, but had returned to the U.S. the next day. The IJ determined that this incident was not "innocent, casual and brief" within the meaning of the statute and therefore interrupted the seven years of continuous residence required to qualify Mendoza for suspension of deportation. 3 Mendoza first…