Carmela Hechanova v. Immigration and Naturalization Service

81 F.3d 168 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carmela HECHANOVA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70804. United States Court of Appeals, Ninth Circuit. Submitted March 12, 1996. * Decided March 21, 1996. Before: THOMPSON, KLEINFELD and TASHIMA, Circuit Judges. 1 MEMORANDUM ** 2 Carmela Hechanova entered the United States lawfully as a nonimmigrant visitor in November, 1984, but overstayed her visa. She was ordered deported by an Immigration Judge (IJ) in March 1986, but due to a procedural error by the Immigration and Naturalization Service (INS) the Board of Immigration Appeals (BIA) did not receive Hechanova's properly filed appeal until March, 1991. While her appeal was pending, Hechanova moved to remand her case to the IJ for an evidentiary hearing based on the circumstances of her presence in the United States during the five-year delay. 3 In October 1994, the BIA dismissed Hechanova's appeal and denied her motion…