Mohamed S. Moore v. Immigration and Naturalization Service

67 F.3d 307 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mohamed S. MOORE, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70243. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 13, 1995. Decided Sept. 19, 1995. Before: WRIGHT, ALARCON and CANBY, Circuit Judges. 1 MEMORANDUM * 2 An immigration judge (IJ) found Mohamed Moore deportable and denied his Sec. 212(c) application for waiver. The Board of Immigration Appeals (BIA) affirmed. He petitions this court for review of the BIA's decision. We have jurisdiction pursuant to 8 U.S.C. Sec. 1105a(a) and deny the petition. 3 Section 212(c) of the Immigration and Naturalization Act, 8 U.S.C. Sec. 1182 (c), affords discretionary relief from deportation to lawful permanent residents who, like Moore, meet the provision's seven-year residency requirement. Elramly v. INS, 49 F.3d 535, 536 (9th Cir.1995). In applying the section, the BIA must balance the favorable social and humane…