Rufino Acevedo-Toscano v. Immigration & Naturalization Service

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rufino ACEVEDO-TOSCANO, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70382. 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 Rufino Acevedo-Toscano (Acevedo) seeks reversal of the denial by the Board of Immigration Appeals (Board) of his request for a suspension of deportation. On appeal, Acevedo contends that the Board erred as a matter of law by denying him (1) his due process right to an evidentiary hearing regarding the circumstances surrounding his 1991 firearms conviction; and (2) a suspension of deportation pursuant to section 244(a)(1), 8 U.S.C. Sec. 1254 (a)(1) of the Immigration and Nationality Act of 1952. We affirm because we conclude that Acevedo waived his right to an evidentiary hearing. We also conclude he is not statutorily eligible for suspension of…