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SALDANA v. I.N.S.

Nos. 84-7118, 84-7549.

785 F.2d 650 (1986)

Herman SALDANA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 28, 1986.

Attorney(s) appearing for the Case

Heriberto Gonzales, Los Angeles, Cal., for petitioner.

Dzintra Janavs, Los Angeles, Cal., for respondent.

Before GOODWIN, FLETCHER and PREGERSON, Circuit Judges.

ORDER

On page 826 of 762 F.2d, under A. Standard of Review delete the following:

Motions to reopen and motions to reconsider are not substitutes for hearings. The function of the BIA in dealing with these motions is not to determine whether the alien is eligible for relief under section 1254(a)(1). Rather, the BIA merely must determine whether the alien has set forth a prima facie showing that the deportation will result in extreme hardship. See...

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