Rogelio and Aurora Tabigne v. Immigration and Naturalization Service

78 F.3d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rogelio and Aurora TABIGNE, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70531. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1995. * Decided Feb. 22, 1996. 1 Before: D.W. NELSON, and JOHN T. NOONAN, JR., Circuit Judges, and TANNER, ** District Judge. 2 MEMORANDUM *** I. BACKGROUND 3 Rogelio and Aurora Tabigne (the "Tabignes"), natives and citizens of the Philippines, petition for review of the decision of the Board of Immigration Appeals ("BIA"). The BIA summarily dismissed their appeal of an immigration judge's ("IJ") order denying their application for suspension of deportation under § 244(a), 8 U.S.C. § 1254 (a). 4 The case arises from the admitted misrepresentations to the INS made by Rogelio and Aurora Tabigne, when seeking entry into the United States as permanent residents in 1975 and 1980 respectively. In 1987 Aurora applied for U.S. citizenship,…