Ali Salem Al-Margani 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ali Salem AL-MARGANI, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 94-70074. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 7, 1995. Decided March 24, 1995. Before: PREGERSON, KOZINSKI and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Ali Salem Al-Margani, a Libyan citizen, petitions for a review of the Board of Immigration Appeals' ("BIA") ruling affirming the Immigration Judge's ("IJ") denial of his application for adjustment of status under 8 U.S.C. Sec. 1255 (a), suspension of deportation under 8 U.S.C. Sec. 1254 (a)(1), asylum under 8 U.S.C. Sec. 1158 , and withholding of deportation under 8 U.S.C. Sec. 1253 (h). We have jurisdiction pursuant to 8 U.S.C. Sec. 1105a. We affirm. I. Adjustment of Status 3 Although the BIA found that Al-Margani was statutorily eligible for adjustment of status, it refused to exercise its discretion to adjust his status. We review…