Francisco Murillo-Cabrera v. Immigration & Naturalization Service

21 F.3d 1114 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Francisco MURILLO-CABRERA, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70033. United States Court of Appeals, Ninth Circuit. Submitted April 5, 1994. * Decided April 25, 1994. 1 Before: HALL, LEAVY, and FERNANDEZ, Circuit Judges 2 MEMORANDUM ** 3 Francisco Murillo-Cabrera, a citizen of Mexico, petitions for review of the Board of Immigration Appeals' dismissal of his appeal of an immigration judge's determination that he is deportable, under 8 U.S.C. Sec. 1251 (a)(2)(B)(i), because he was convicted in state court of violating a law relating to a controlled substance. We deny the petition in part and dismiss in part. 4 The immigration judge's finding of deportability was based solely on 8 U.S.C. Sec. 1251 (a)(2)(B)(i), which provides, in pertinent part, "[a]ny alien ... in the United States shall, upon the order of the Attorney General, be deported ... if the alien is ... convicted…