Mario Valenzuela-Castro v. Immigration and Naturalization Service

33 F.3d 61 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mario VALENZUELA-CASTRO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 93-70042. United States Court of Appeals, Ninth Circuit. Submitted Aug. 5, 1994. * Decided Aug. 9, 1994. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Mario Valenzuela-Castro ("Castro") petitions for review of an order of the Board of Immigration Appeals (the "Board") denying his application for a waiver of deportation pursuant to section 212(c) of the Immigration and Nationality Act ("INA"), 8 U.S.C. Sec. 1182 (c). Castro claims the Board abused its discretion in denying him relief under section 212(c). He also argues that a conviction for being under the influence of a controlled substance is not an offense subject to deportation under section 241(a)(11) of the INA, 8 U.S.C. Sec. 1251 (a)(11). 3 A denial of section 212(c) discretionary relief is reviewed for an abuse of discretion. Ayala-Chavez…