Rodante Pasamic Saballa v. Immigration and Naturalization Service

91 F.3d 154 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rodante Pasamic SABALLA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 96-70016. United States Court of Appeals, Ninth Circuit. Submitted July 9, 1996. * Decided July 15, 1996. Before: HUG, Chief Judge, and SCHROEDER and POOLE, Circuit Judges. 1 MEMORANDUM ** 2 Rodante Pasamic Saballa, a native and citizen of the Philippines, petitions pro se for review of the decision of the Board of Immigration Appeals, dismissing his appeal of the immigration judge's denial of his motion to reopen deportation proceedings. The immigration judge entered an order of deportation in absentia when Saballa failed to appear at the scheduled hearing. We have jurisdiction pursuant to 8 U.S.C. § 1105a, and we grant the petition for review. 3 Saballa contends that the immigration judge erred in issuing an order of deportation in absentia because although he was personally served with an Order to Show Cause, he…