Jacques Basile Journet v. Immigration and Naturalization Service

51 F.3d 280 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jacques Basile JOURNET, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70252. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided April 5, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Jacques Basile Journet, a native and citizen of France, petitions for review of the Board of Immigration Appeals' ("BIA") denial of his application for voluntary departure. We have jurisdiction pursuant to 8 U.S.C. Sec. 1105a(a). We deny the petition. 3 The BIA's discretionary denial of an application for voluntary departure is reviewed for abuse of discretion. 1 Abedini v. INS, 971 F.2d 188, 191 (9th Cir.1992). Because the BIA's decision to grant voluntary departure is discretionary, this court "may examine only whether the [BIA] actually exercised its discretion and whether it did so in an arbitrary and capricious manner." Id. at 193 . To be…