Rosa Amelia Escobar-Cortez v. Immigration and Naturalization Service

94 F.3d 650 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rosa Amelia ESCOBAR-CORTEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70869. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1996. * Decided Aug. 22, 1996. Before: BROWNING, SCHROEDER, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Rosa Escobar-Cortez is a native and citizen of El Salvador who entered the United States without inspection. When Escobar-Cortez failed to appear at her deportation hearing, the Immigration Judge ruled in abstentia that her claims for asylum, withholding of deportation, and voluntary departure had been abandoned. CAR 35. The BIA stayed her appeal from that ruling so that she could apply for temporary protected status pursuant to the stipulated settlement agreement in American Baptist Churches v. Thornberg, 760 F.Supp. 796 (N.D.Cal.1990). CAR 9. Escobar-Cortez failed to apply, however, and the BIA lifted the stay and dismissed her appeal.…