Hamid Davoodi v. Immigration and Naturalization Service

89 F.3d 844 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Hamid DAVOODI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70671. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 12, 1996. Decided May 2, 1996. 1 Before: SCHROEDER and LEAVY, Circuit Judges and TRIMBLE, * District Judge. 2 MEMORANDUM ** 3 Petitioner Hamid Davoodi seeks review of the Board of Immigration Appeals' ("BIA") denial of his motion to reopen deportation proceedings in order to seek suspension of deportation under 8 U.S.C. § 1254 (a). We deny his petition for review. 4 A motion to reopen shall not be granted unless the petitioner establishes, among other requirements, a prima facie case of eligibility for the sought after underlying relief. INS v. Abudu, 485 U.S. 94, 97 , 108 S.Ct. 904, 908 (1988). A prima facie case is established when an alien presents affidavits or other evidentiary material, which if true, would satisfy the requirements for…