Kampol Phromvipha v. U.S. Immigration and Naturalization Service

967 F.2d 589 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kampol PHROMVIPHA, Petitioner, v. U.S. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 91-70124. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 7, 1992. Decided June 16, 1992. Before CANBY, REINHARDT and WIGGINS, Circuit Judges. 1 MEMORANDUM * Voluntary Departure 2 We review a denial of voluntary departure to determine whether the BIA actually exercised its discretion and, if so, whether the BIA exercised its discretion in an arbitrary or capricious manner. Estrada-Posadas v. INS, 924 F.2d 916, 920 (9th Cir.1991). 3 Phromvipha argues that the BIA's decision was arbitrary and capricious because it neglected to take into account all of the factors in favor of granting his motion for voluntary departure. The BIA stated that it took into account "all of the factors of record, including the respondent's marriage and United States citizen child. However, we find that the respondent's…