Federico Gildo Mariano-Tobias v. Immigration and Naturalization Service

83 F.3d 427 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Federico Gildo MARIANO-TOBIAS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70659. United States Court of Appeals, Ninth Circuit. Submitted April 12, 1996. * Decided April 16, 1996. 1 Before: SCHROEDER and LEAVY, Circuit Judges, and TRIMBLE, ** District Judge. 2 MEMORANDUM *** 3 Federico Gildo Mariano-Tobias ("Mariano-Tobias"), a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals ("BIA") order dismissing his appeal from an order denying him suspension of deportation under section 244(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1254 (a)(1). The BIA treated Mariano-Tobias's submission of new evidence on appeal as if he had filed a motion to remand or reopen, and then denied relief. Mariano-Tobias argues that the BIA erred in concluding that he had not demonstrated that deportation would result in extreme hardship, and that he…