Rodolfo Duclayan Marquez v. Immigration and Naturalization Service

91 F.3d 153 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rodolfo Duclayan MARQUEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70149. United States Court of Appeals, Ninth Circuit. Submitted June 14, 1996. * Decided July 15, 1996. 1 Before: SCHROEDER and HAWKINS Circuit Judges, and FITZGERALD, ** Senior District Judge. 2 MEMORANDUM *** 3 Petitioner Rodolfo Marquez seeks review of the Board of Immigration Appeal's (BIA) denial of his motion to reopen deportation proceedings on the grounds that he was eligible for relief under the waiver provision of the Immigration and Naturalization Act (INA), 8 U.S.C. § 1251 (f). We remand the proceedings to the Board to consider Marquez's petition to reopen the deportation proceedings. 4 Marquez entered the United States in 1980 on a second preference visa as the unmarried son of his mother, then a lawful permanent resident. At the time of his entry, Marquez was married and ineligible for a waiver…