Sau Fan-Chan, A.K.A. Peter Chan v. Immigration and Naturalization Service

79 F.3d 1152 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sau FAN-CHAN, a.k.a. Peter Chan, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70343. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 12, 1995. Submission Deferred Jan. 10, 1996. Resubmitted March 1, 1996. Decided March 13, 1996. Before: HUG, Chief Judge, BEEZER, and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Fan-Chan's appeal was dismissed November 4, 1992. He was issued a "bag and baggage" letter February 23, 1993. He then filed a motion to reopen. This appeal is from the denial of his motion to reopen, not from the earlier denial of waiver of deportation. 3 This court reviews the Board's denial of a motion to reopen for abuse of discretion. INS v. Doherty, 112 S.Ct. 719, 725 (1992); Watkins v. INS, 63 F.2d 844, 847 (9th Cir.1995). There is no statutory provision for reopening of a deportation proceeding, and the "Supreme Court has accordingly held that 'the…