James Neal Siu-chang, Petitioner, v. Immigration and Naturalization Service, Respondent, 19 F.3d 29 (9th Cir. 1994)

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US Court of Appeals for the Ninth Circuit - 19 F.3d 29 (9th Cir. 1994) Argued and Submitted Nov. 4, 1993. Decided March 2, 1994

Before: TANG, FARRIS and RYMER, Circuit Judges.


MEMORANDUM* 

James Neal Siu-Chang has conceded his deportability and requests a waiver of deportability pursuant to Sec. 212(c) of the Immigration and Nationality Act, 8 U.S.C. 1182(c). The Immigration Judge denied Siu-Chang's request for a waiver, and the Board of Immigration Appeals dismissed Siu-Chang's appeal of the Immigration Judge's decision. Siu-Chang appeals the BIA's decision to deny him a waiver of deportability under Sec. 212(c). We have jurisdiction of the timely appeal pursuant to 8 U.S.C. § 1105a(a).

We review the BIA's denial of relief under Sec. 212(c) for abuse of discretion. Vargas v. INS, 831 F.2d 906 (9th Cir. 1987).

Siu-Chang contends that the BIA abused its discretion in concluding: "we do not find ... the fact that [Siu-Chang] has been employed since his release from prison, especially where he is employed at the same auto shop where he became involved in the drug transaction, to be persuasive [evidence of his rehabilitation]." Siu-Chang also argues that the BIA improperly relied on speculation in concluding that Siu-Chang's "testimony with respect to his level of complicity in the drug transaction was wanting, and leaves some doubt as to his rehabilitation." Finally, Siu-Chang argues that the BIA's denial of Sec. 212(c) relief constituted an inexplicable departure from established precedent or policy.

We understand but reject the argument.

Affirmed.

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this Circuit except as provided by Ninth Circuit Rule 36-3

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