Jose Prado-Perez v. Immigration and Naturalization Service

76 F.3d 388 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose PRADO-PEREZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70582. United States Court of Appeals, Ninth Circuit. Submitted Jan. 12, 1996. * Decided Jan. 23, 1996. Before: LAY ** , GOODWIN and PREGERSON, Circuit Judges. 1 MEMORANDUM *** 2 Prado-Perez appeals from two orders: (1) the Board of Immigration Appeal's denial of Prado-Perez's motion to reopen his deportation proceedings; and (2) the Legalization Appeals Unit's denial of legalization benefits. Both claims rest on Prado-Perez's contention that the granting of a writ of audita querela vacated his state criminal conviction, thus changing his status in regard to legalization and deportation. We affirm. I. 3 In 1988 Prado-Perez was found deportable for having entered the United States without inspection. The immigration judge denied his application for relief from deportation due to a 1984 conviction for the possession for sale…