Unpublished Disposition, 875 F.2d 319 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 875 F.2d 319 (9th Cir. 1989)

Yung Sham RHEE, Plaintiff-Appellant,v.Ernest E. GUSTAFSON, District Director, INS, Defendant-Appellee.

No. 88-6234.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted May 3, 1989.Decided May 15, 1989.

Before SNEED, REINHARDT, and BRUNETTI, Circuit Judges.


We affirm the judgment and remand the matter to the district court. The district court is instructed to remand the case to the Immigration and Naturalization Service so that appellant may file a new motion for reconsideration or motion to reopen before that agency. 8 C.F.R. Sec. 103.5 (1988). Along with his motion, appellant may again submit any evidence that was lost when the administrative record disappeared, as well as any new evidence relating to developments that have transpired since the date of the original motion for reconsideration. We remand this case with the understanding that the INS will not commence deportation proceedings pending final resolution of this matter.