Carmelo Jose Herrera-Rodriguez 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carmelo Jose HERRERA-RODRIGUEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70873. United States Court of Appeals, Ninth Circuit. Submitted March 15, 1996. * Decided March 29, 1996. 1 Before: HALL and BRUNETTI, Circuit Judges, and WEINER, ** District Judge. 2 MEMORANDUM *** 3 Petitioner, Carmelo Jose Herrera-Rodriguez, petitions for review of a decision of the Board of Immigration Appeals ("BIA") affirming an order of the immigration judge ("IJ") finding Petitioner deportable pursuant to 8 U.S.C. § 1251 (a)(2) 1 and denying Petitioner asylum and withholding of deportation under 8 U.S.C. §§ 1101 (a)(42)(A), 1158, and 1253(h)(1). We have jurisdiction over this timely petition pursuant to 8 U.S.C. § 1105a(a) and 28 U.S.C. § 2342 and affirm the decision of the BIA. 4 Petitioner first argues that the OSC was invalid because he was outside the United States at the…