Xilenia Bitzabe Ruiz-Irias v. Immigration and Naturalization Service

97 F.3d 1460 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Xilenia Bitzabe RUIZ-IRIAS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 96-70044. United States Court of Appeals, Ninth Circuit. Submitted Sept. 10, 1996. * Decided Sept. 13, 1996. 1 On Petition for Review of an Order of the Board of Immigration Appeals, No. Als-ogk-ilh. 2 B.I.A. 3 REVIEW GRANTED. 4 Before: FLETCHER, BRUNETTI, and NOONAN, Circuit Judges 5 MEMORANDUM ** 6 Xilenia Bitzaba Ruiz-Irias, a native and citizen of Nicaragua, petitions for review of an order of the Board of Immigration Appeals ("BIA") dismissing her appeal from an immigration judge's decision denying her motion to reopen the in absentia order of deportation entered on January 5, 1995, due to Ruiz-Irias' failure to appear at her scheduled deportation hearing. 7 The denial of a motion to reopen is reviewed for abuse of discretion. Sharma v. INS, 89 F.3d 545, 547 (9th Cir.1996). An order of deportation entered in…