Mario Alberto Medrano-Dominguez v. Immigration and Naturalization Service

73 F.3d 369 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mario Alberto MEDRANO-DOMINGUEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70367. United States Court of Appeals, Ninth Circuit. Submitted Dec. 14, 1995. * Decided Dec. 21, 1995. Before: ALDISERT, ** ALARCON, and RYMER, Circuit Judges. 1 MEMORANDUM *** 2 Mario Alberto Medrano-Dominguez ("Medrano-Dominguez") petitions for review of the Board of Immigration of Appeals' ("BIA") denial of his request to prosecute an appeal from the Immigration Judge's ("IJ") order of deportation without paying the requisite filing fee. 3 The INS argues that we do not have jurisdiction because the BIA's decision is not a final order. We do not reach that question; instead, we assume jurisdiction and proceed to the merits. See In re Grand Jury Subpoena Issued to Bailin, 51 F.3d 203, 206 (9th Cir.1995). 4 We review the BIA's denial of Medrano-Dominguez' request for a fee waiver for abuse of discretion. See…