Carmelita Jose v. Immigration & Naturalization Service

46 F.3d 1142 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carmelita JOSE, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70432. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 14, 1994. Decided Dec. 30, 1994. Before: HUG, CANBY, and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Carmelita Jose appeals the Board of Immigration Appeals' (BIA) decision to affirm an immigration judge's (IJ) denial of her application for voluntary departure pursuant to section 244(e) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1254 (e). Jose concedes that she is deportable as charged, but argues that the BIA and the IJ abused their discretion in refusing to let her voluntarily depart this country. 3 The BIA decides whether to grant an application for voluntary departure as a matter wholly within its discretion. Estrada-Posadas v. INS, 924 F.2d 916, 920 (9th Cir.1991). In reviewing the BIA's decision to deny an application for…