Barkinado Bocoum v. Immigration and Naturalization Service

103 F.3d 137 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Barkinado BOCOUM, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70372. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 8, 1996. Decided Nov. 6, 1996. Petition to Review a Decision of the Immigration and Naturalization Service, No. Alg-don-flb. B.I.A. REMANDED. Before: WOOD, * SCHROEDER, and HALL, Circuit Judges. 1 MEMORANDUM ** INTRODUCTION 2 Petitioner Barkinado Bocoum was notified of a deportation hearing but claims he failed to appear because of mistakes made by his counsel. He contends the situation constitutes an exceptional circumstance warranting the rescission of an order of deportation entered in his absence. 8 U.S.C. §§ 1252b(c)(3), 1252b(f)(2). The Board of Immigration Appeals ("BIA") disagreed. However, in Matter of Grijalva-Barrera, Interim Decision 3284 (BIA1996), decided over a year later, the BIA determined that in certain…