Arturo Ibarra-Garcia v. Immigration and Naturalization Service

9 F.3d 1551 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Arturo IBARRA-GARCIA, Plaintiff-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Defendant-Appellee. No. 92-70369. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 6, 1993. Decided Nov. 9, 1993. 1 Before: REINHARDT and T.G. NELSON, Circuit Judges, and KAUFMAN, * District Judge. 2 MEMORANDUM ** I. Background 3 Arturo Ibarra-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order affirming an Immigration Judge's decision to deport him pursuant to Section 241(a)(2)(B)(i) (" § 241(a)") of the Immigration and Naturalization Act ("Act"), 8 U.S.C. § 1251 (a)(2)(B)(i), based on his 1991 conviction for the use of cocaine. Ibarra-Garcia admits that he is deportable under the Act, but contends that the Immigration Judge ("IJ") and the Board of Immigration Appeals ("BIA") improperly denied his application for waiver of deportation pursuant…