Wilfredo Diaz-Vicente v. Immigration and Naturalization Service

988 F.2d 118 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Wilfredo DIAZ-VICENTE, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 91-70438. United States Court of Appeals, Ninth Circuit. Submitted Feb. 2, 1993. * Decided Feb. 10, 1993. Petition for Review of a Decision of the Board of Immigration Appeals; No. Amw-nym-iey. B.I.A. PETITION DENIED. MEMORANDUM ** Before PREGERSON, LEAVY and TROTT, Circuit Judges. 1 Wilfredo Diaz-Vicente seeks review of a final order of the Board of Immigration Appeals (the "Board") denying his request for voluntary departure under 8 U.S.C. § 1254 (e). Diaz-Vicente contends that denial of his application constitutes an abuse of discretion and violates his equal protection rights under the Fifth Amendment due process clause. We affirm. A. Exercise of Discretion 2 The decision to grant or deny a request for voluntary departure is a matter wholly within the discretion of the Board. Estrada-Posadas v. INS, 924 F.2d…