Alberto Leon-Ruiz 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alberto LEON-RUIZ, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70845. United States Court of Appeals, Ninth Circuit. Submitted April 5, 1995. * Decided April 11, 1995. 1 Before: D.W. NELSON and CANBY, Circuit Judges, and TANNER, ** District Judge. 2 MEMORANDUM *** 3 Alberto Leon-Ruiz 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). Although Leon-Ruiz concedes that his conviction for possession of narcotics justifies deportation under section 241(a)(11) of the Act, 8 U.S.C. Sec. 1251 (a)(11), he argues that the BIA erred because it (1) improperly treated his offense as a serious crime requiring a showing of "unusual and outstanding equities" to justify a waiver; and (2) erroneously concluded that the equities did…