Josefina Buyson Villarama Cruz v. Immigration & Naturalization Service

51 F.3d 279 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Josefina Buyson Villarama CRUZ, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70704. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1995. * Decided March 30, 1995. 1 Before: BROWNING, and BEEZER, Circuit Judges, and JONES, ** District Judge. 2 MEMORANDUM *** 3 We review the Immigration Judge's ("IJ") decision as to extreme hardship for abuse of discretion, Ramirez-Durazo v. INS, 794 F.2d 491, 498 (9th Cir.1986), and with an awareness that our review is strictly procedural and gives us no authority to substitute our view of hardship for that of the IJ, see Roe v. INS, 771 F.2d 1328, 1333 (9th Cir.1985). 4 Although the IJ may not presume that a deportee will be accompanied by her citizen children, Cerrillo-Perez v. INS, 809 F.2d 1419, 1424, 1426-27 (9th Cir.1987), he is not required to consider hardship from a hypothetical separation that is disproved by the record.…