Ramon Pinedo-Gaeta v. Immigration & Naturalization Service

26 F.3d 132 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ramon PINEDO-GAETA, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70518. United States Court of Appeals, Ninth Circuit. Submitted June 9, 1994. * Decided June 14, 1994. Before: D.W. NELSON, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Pinedo-Gaeta, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals ("BIA") denying his application for a waiver of deportability pursuant to Sec. 212(c) of the Immigration and Naturalization Act, 8 U.S.C. Sec. 1182 (c). The Immigration Judge ("IJ") determined that Pinedo-Gaeta was deportable pursuant to Sec. 241(a)(2)(B)(i) of the INA, 8 U.S.C. Sec. 1251 (a)(2)(B)(i), as an alien convicted of a controlled substance violation, namely for being under the influence of PCP in violation of California law. The IJ also determined that Pinedo-Gaeta did not merit a discretionary waiver because the…