Robert W. Schmidt v. Immigration and Naturalization Service

15 F.3d 1089 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert W. SCHMIDT, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 92-70390. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1993. * Decided Nov. 29, 1993. Before: ALARCON, LEAVY and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Robert Wolfgang Schmidt appeals from the judgment of the Board of Immigration Appeals ("BIA") denying his petition for a waiver of deportability pursuant to Immigration and Nationality Act Sec. 212(c), 8 U.S.C. Sec. 1182 (c). 3 Schmidt contends that the BIA erred by considering convictions not listed on the order to show cause for deportation, and by considering a conviction he did not admit and for which no evidence was proffered. Moreover, Schmidt asserts that the BIA abused its discretion in holding him to the "unusual or outstanding equities" standard, and by improperly weighing the positive equities in his case. 4 We affirm the denial of…