Maria Rodriguez-Pena v. Immigration & Naturalization Service

Good Law
30 F.3d 139
United States Court of Appeals for the Ninth CircuitAugust 4, 199493-70402California321 words

Opinion

Opinion

30 F.3d 139 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Maria RODRIGUEZ-PENA, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70402. United States Court of Appeals, Ninth Circuit. Submitted Aug. 1, 1994. * Decided Aug. 4, 1994. Before: ALARCON, BEEZER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 The discretion to grant relief from deportation is not ours to exercise. It is the Attorney General's. The Attorney General has the power to construe "extreme hardship" narrowly, has done so, and we lack authority to substitute a more liberal construction. INS v. Jong Ha Wang, 450 U.S. 139, 145 (1981). We can review only for abuse of discretion. Ramirez-Durazo v. INS, 794 F.2d 491, 498 (9th Cir.1986). The facts in this case do not distinguish it from Ramirez-Durazo and Patel v. INS, 638 F.2d 1199 (9th Cir.1980). 3 Petitioner's brief relies largely on the separation from her son and mother which will result from petitioner's deportation, but the…

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