Mohammad Asad Sangabi v. U.S. Immigr. & Naturalization Serv., 763 F.2d 374 (9th Cir. 1985). · Go Syfert
Mohammad Asad Sangabi v. U.S. Immigr. & Naturalization Serv., 763 F.2d 374 (9th Cir. 1985). Cases Citing This Book View Copy Cite
20 citation events (3 in the last 25 years) across 3 distinct courts.
Strongest positive: Clarinda Tavu Valderrama v. Immigration and Naturalization Service (ca9, 2001-08-13)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) Clarinda Tavu Valderrama v. Immigration and Naturalization Service (2×)
9th Cir. · 2001 · confidence medium
We review the BIA's grant or denial of a motion to reopen for abuse of discretion and will not overturn the decision unless the BIA acted "arbitrarily, irrationally, or contrary to law." Israel v. INS, 785 F.2d 738, 740 (9th Cir. 1986) (citing Sangabi v. INS, 763 F.2d 374, 375 (9th Cir. 1995)). 5 Significantly, the General Counsel's memorandum advocates a more lenient standard to join in a motion to reopen for an adjustment of status than the standard used in the past.
discussed Cited as authority (rule) Jose Leandro Lainez-Ortiz v. Immigration and Naturalization Service (2×)
9th Cir. · 1996 · confidence medium
Israel v. INS, 785 F.2d 738, 740 (9th Cir.1986) (citing Sangabi v. INS, 763 F.2d 374, 375 (9th Cir.1985)).
discussed Cited as authority (rule) Angelita EIDE-KAHAYON, Petitioner, v. UNITED STATES IMMIGRATION & NATURALIZATION SERVICE, Respondent
9th Cir. · 1996 · confidence medium
This Court thus reviews Petitioner’s appeal of the BIA’s denial of her motion to reopen “for an abuse of discretion and will not disturb the BIA’s ruling unless the BIA has acted arbitrarily, irrationally, or contrary to law.” Israel v. I.N.S., 785 F.2d 738, 740 (9th Cir. 1986) (citing Sangabi v. I.N.S., 763 F.2d 374, 375 (9th Cir.1985)).
discussed Cited as authority (rule) Hing-Tin Ngai v. Immigration & Naturalization Service
9th Cir. · 1994 · confidence medium
See INS v. Rios-Pineda, 471 U.S. 444, 449 , 105 S.Ct. 2098, 2101-02 , 85 L.Ed.2d 452 (1985); Jen Hung Ng v. INS, 804 F.2d 534, 540 (9th Cir.1986); Mattis v. INS, 774 F.2d 965, 968 (9th Cir.1985); Sangabi v. INS, 763 F.2d 374, 375 (9th Cir.1985).
discussed Cited as authority (rule) Pedro Garcia-Soria v. Immigration and Naturalization Service
9th Cir. · 1994 · confidence medium
We review the BIA's denial of a motion to remand for an abuse of discretion, Rodriguez v. INS, 841 F.2d 865, 867 (9th Cir.1987) (treating a motion to reopen as a motion to remand); Sangabi v. INS, 763 F.2d 374, 375 (9th Cir.1985) (motion to reopen), and we deny the petition. 3 An immigration judge may, in his or her discretion, conduct a deportation hearing in absentia if the alien has been given reasonable opportunity to be present and fails to appear without reasonable cause. 8 U.S.C.
cited Cited as authority (rule) Roberto Roldan-Figueroa v. U.S. Immigration and Naturalization Service
9th Cir. · 1993 · confidence medium
Sangabi v. INS, 763 F.2d 374, 375 (9th Cir.1984) (motion to reopen); Rodriguez v. INS, 841 F.2d 865, 867 (9th Cir.1987) (holding that motion to remand is treated the same as motion to reopen).
discussed Cited as authority (rule) Styler v. Tall Oaks, Inc. (In Re Hatch)
Bankr. D. Utah · 1988 · confidence medium
See Shuster v. Conley, 107 F.R.D. 755, 757 (Plaintiffs were unable to effectuate service by mail, defendant had moved without leaving a forwarding address); Excalibur Oil, Inc. v. Gable, 105 F.R.D. 543, 544 (N.D.Ill.1985) (After suit was filed, plaintiffs learned defendants had filed a Chapter 11 proceeding); Wei, 763 F.2d at 374 (Plaintiff desired to amend complaint before effecting service); Norlock, 768 F.2d at 656 (Service by mail was not perfected and no subsequent personal service was attempted); Winters, 776 F.2d at 1304 (Identical suit filed in state court then removed to United States…
cited Cited as authority (rule) Imelda Napuli Israel v. Immigration and Naturalization Service
9th Cir. · 1986 · confidence medium
Sangabi v. INS, 763 F.2d 374, 375 (9th Cir.1985).
discussed Cited as authority (rule) Hamid Bahramnia v. United States Immigration and Naturalization Service
5th Cir. · 1986 · confidence medium
See Marcello v. I.N.S., 694 F.2d 1033 (5th Cir.) (holding that denial of motion to reopen was not an abuse of discretion), cert. denied, 462 U.S. 1132 , 103 S.Ct. 3112 , 77 L.Ed.2d 1367 (1983); Ka Fung Chang v. I.N.S., 634 F.2d 248 (5th Cir.1981); Vasquez-Contreras v. I.N.S., 582 F.2d 334 (5th Cir.1978); Sangabi v. I.N.S., 763 F.2d 374, 375 (9th Cir.1985). 7 . 8 C.F.R. § 3.2 (1985). 8 .
discussed Cited as authority (rule) Mojtaba Larimi v. Immigration and Naturalization Service
9th Cir. · 1986 · confidence medium
INS v. Rios-Pineda, — U.S. -, 105 S.Ct. 2098, 2102 , 85 L.Ed.2d 452 (1985) (Rios-Pineda); see Maroufi v. INS, 772 F.2d 597, 600-01 (9th Cir.1985) (Maroufi); Vasquez v. INS, 767 F.2d 598, 600-01 (9th Cir.1985) (Vasquez); Sangabi v. INS, 763 F.2d 374, 375 (9th Cir.1985).
cited Cited as authority (rule) Adela Hernandez-Ortiz v. Immigration and Naturalization Service
9th Cir. · 1985 · confidence medium
Maroufi, 772 F.2d at 600 ; accord Mattis v. INS, 774 F.2d 965, 968 (9th Cir.1985); Vasquez v. INS, 767 F.2d 598, 601 (9th Cir.1985); Sangabi v. INS, 763 F.2d 374, 375 (9th Cir. *518 1985).
examined Cited as authority (rule) Rene Vasquez v. Immigration and Naturalization Service (3×) also: Cited "see"
9th Cir. · 1985 · confidence medium
See Rios-Pineda v. INS, — U.S. -, 105 S.Ct. 2098, 2102 , 85 L.Ed.2d 452 (1985) (Rios-Pineda); Sangabi v. INS, 763 F.2d 374, 375 (9th Cir.1985) (Sangabi); Ahwazi, 751 F.2d at 1122-23 .
cited Cited "see" Martinez-Salazar v. Gonzales
9th Cir. · 2006 · signal: see · confidence high
See Sangabi v. INS, 763 F.2d 374, 375 (9th Cir.1985) (holding that equities acquired after entry of a deportation order may be accorded less weight).
discussed Cited "see" Manuel Agusto Santamaria-Ames v. Immigration and Naturalization Service
9th Cir. · 1996 · signal: see · confidence high
See Sangabi v. INS, 763 F.2d 374, 375 (9th Cir.1985); Sharma v. INS, 89 F.3d 545, 548 (9th Cir.1996). 3 The INS stated in its brief to the BIA opposing Santamaria's Motion to Reopen that Santamaria can be naturalized under 8 U.S.C. § 1440 "even if he is the subject of an outstanding order of deportation." 8 U.S.C. § 1440 (b)(1).
Retrieving the full opinion text from the archive…
Mohammad Asad SANGABI, Petitioner,
v.
U.S. IMMIGRATION AND NATURALIZATION SERVICE, Respondent
83-7895.
Court of Appeals for the Ninth Circuit.
Jun 13, 1985.
763 F.2d 374
Bill Ong Hing, Eugene Chow, San Francisco, Cal., for petitioner., Stewart Deutsch, Washington, D.C., for respondent.
Merrill, Kennedy, Anderson.
Cited by 15 opinions  |  Published
J. BLAINE ANDERSON, Circuit Judge:

Mohammad Asad Sangabi petitions for review of the Board of Immigration Appeals’ (BIA) denial of his motion to reopen his deportation proceeding to allow application for asylum, withholding of deportation, adjustment of status, or for suspension of deportation under 8 C.F.R. §§ 208.11 and 242.22. We deny the petition.

I. OVERVIEW

Petitioner, a native and citizen of Iran, entered the United States in 1975 as a nonimmigrant student. In 1979, deportation proceedings were instituted against him because of unauthorized employment. Although determined deportable, Sangabi was granted an extended period of voluntary departure, until June 30, 1980, in which to marry his girlfriend, an American citizen, and apply for adjustment of status.

Although Sangabi married and timely filed his motion to reopen, the marriage[*375] was annulled and he was subsequently ordered to surrender for deportation. This he did not do.

On July 23, 1983, after avoiding the authorities for almost three years, Sangabi surfaced and voluntarily surrendered to the INS and moved to reopen. The motion was based on certain equities — a continuous presence for seven years and a citizen wife — which arose while Sangabi was a fugitive. The immigration judge, weighing the equities, denied Sangabi’s petition. That denial was upheld by the BIA. Sangabi appeals.

II. DISCUSSION

The denial of a motion to reopen is reviewed under the abuse of discretion standard. Ahwazi v. INS, 751 F.2d 1120, 1122 (9th Cir.1985). The BIA’s denial will be upheld unless it is arbitrary, irrational, or contrary to law. Ramon-Sepulveda v. INS, 743 F.2d 1307, 1309 (9th Cir.1984).

Motions to reopen in deportation proceedings shall not be granted unless it appears to the Board that evidence sought to be offered is material and was not available and could not have been discovered or presented at the former hearing....

8 C.F.R. § 3.2 (1984); accord 8 C.F.R. § 242.22 (1984). These regulations, framed in the negative, “establish[ ] when the BIA may not reopen, but say[] nothing about when it must reopen.” Ahwazi, 751 F.2d at 1122 (emphasis in original); see also INS v. Jong Ha Wang, 450 U.S. 139, 144 n. 5, 101 S.Ct. 1027, 1031 n. 5, 67 L.Ed.2d 123 (1981) (per curiam). Thus, the question of whether to grant a motion to reopen is “entirely” within the BIA’s discretion and that discretion “extends beyond” requiring proof of a prima facie case. INS v. Phinpathya, 464 U.S. 183, 104 S.Ct. 584, 589 n. 6, 78 L.Ed.2d 401 (1984) and Wang, 450 U.S. at 143-44 n. 5, 101 S.Ct. at 1030-31 n. 5. The Supreme Court, recently addressing this issue, held that even if the alien presents a prima facie case for reopening, the Attorney General has discretion to deny the motion to reopen. INS v. RiosPineda, — U.S.-,-, 105 S.Ct. 2098, 2101, 85 L.Ed.2d 452 (1985); accord, Ahwazi, 751 F.2d at 1122.

In the instant matter, Sangabi asserted favorable equities for consideration by the immigration judge and the BIA. The difficulty is that such equities, “arising when the alien knows that he is in the country illegally, ... are entitled to less weight than are the equities arising when the alien is legally in this country.” Wang v. INS, 622 F.2d 1341, 1346 (9th Cir.1980) (en banc), rev’d on other grounds, 450 U.S. 139, 101 S.Ct. 1027, 67 L.Ed.2d 123 (1980) (per curiam); accord Villena v. INS, 622 F.2d 1352, 1360 (9th Cir.1980). It would be “untenable to suggest that the Attorney General has no discretion to consider [the aliens’] individual conduct and distinguish among them on the basis of the flagrancy and nature of their violations.” Rios-Pineda, — U.S. at -, 105 S.Ct. at 2103.

Sangabi was not denied due process. Although the asserted facts were assumed to be true, INS v. Bagamasbad, 429 U.S. 24, 97 S.Ct. 200, 50 L.Ed.2d 190 (1976) (per curiam), the BIA determined that the application would be denied in the exercise of discretion whether or not eligibility was established. This decision was “grounded in legitimate concerns about the administration of the immigration laws and was determined on the basis of the particular conduct of respondent.” Rios-Pineda, — U.S. at-, 105 S.Ct. at 2103. It was, therefore, within the discretion of the BIA and we affirm.

Finally, we deny the petition with respect to the asylum and withholding claims. Regardless of the standard applied, Sangabi’s general allegations of potential persecution are insufficient to carry the burden of proving either a well-founded fear of persecution, 8 U.S.C. § 1158(a) and 1101(a)(42)(A), or that persecution is more likely0 than not, 8 U.S.C. § 1253(h). Chavez v. INS, 723 F.2d 1431, 1433 (9th Cir.1984); Shoaee v. INS, 704 F.2d 1079, 1084 n. 4 (9th Cir.1983).

[*376] III. CONCLUSION

For the foregoing reasons, the petition for review is

DENIED.