Javier Jose Carvajal-Uzcategui 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Javier Jose CARVAJAL-UZCATEGUI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 92-70098. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 4, 1993. Decided Jan. 11, 1994. 1 Before: REINHARDT and T.G. NELSON, Circuit Judges, and KAUFMAN, * District Judge. 2 MEMORANDUM ** 3 Javier Jose Carvajal-Uzcategui, a native and citizen of Venezuela, petitions for review of the Board of Immigration Appeals ("BIA") decision affirming an Immigration Judge's order of deportation pursuant to 8 U.S.C. Sec. 1251 (a)(2)(B)(i) and denial of voluntary departure pursuant to 8 U.S.C. Sec. 1254 (e). 4 Statutory ineligibility for voluntary departure, when based on want of good moral character, is reviewed for substantial evidence. Mabugat v. I.N.S., 937 F.2d 426, 431 (9th Cir.1991). 5 To merit voluntary departure, an alien must demonstrate two things: the ability to depart voluntarily at his…