Roberto Martinez-Alvarez v. Immigration & Naturalization Service

52 F.3d 333 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Roberto MARTINEZ-ALVAREZ, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70814. United States Court of Appeals, Ninth Circuit. Submitted April 4, 1995. * Decided April 10, 1995. As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc Aug. 14, 1995. 1 Before: D.W. NELSON and CANBY, Circuit Judges, and TANNER, ** District Judge. 2 MEMORANDUM *** 3 Roberto Martinez-Alvarez petitions for review of the decision of the Board of Immigration Appeals ("BIA") denying his request for a waiver of deportation pursuant to section 212(c) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1182 (c), or for a grant of voluntary departure pursuant to section 244(3) of the Act, 8 U.S.C. Sec. 1254 (e). Martinez-Alvarez argues that (1) the BIA erred in finding him statutorily ineligible for a section 212(c) waiver; (2) section 212(c)'s residency requirement violates his right to equal…