Evangeline Malaqui Cabalquinto AKA Evangeline Burcena v. Immigration and Naturalization Service

15 F.3d 1083 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Evangeline Malaqui CABALQUINTO aka Evangeline Burcena, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 92-70187. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1993. Decided Feb. 8, 1994. Before: POOLE, WIGGINS and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Petitioner Evangeline Cabalquinto appeals from the February 28, 1992 decision of the Board of Immigration Appeals ("BIA") refusing to grant a continuance and granting voluntary departure. This court has jurisdiction pursuant to 8 U.S.C. Sec. 1105a. 3 Despite petitioner's presentation of her appeal in terms of the errors of the Immigration Judge ("IJ"), "this court's review is limited to the decision of the BIA." Elnager v. INS, 930 F.2d 784, 787 (9th Cir.1991). "[T]he BIA has the power to conduct a de novo review of the record, to make its own findings, and independently to determine the legal sufficiency…