Jose Manuel Apodaca-Leyva v. Immigration and Naturalization Service

76 F.3d 384 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose Manuel APODACA-LEYVA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70570. United States Court of Appeals, Ninth Circuit. Submitted Jan. 12, 1996. * Decided Jan. 24, 1996. Before: ALDISERT, ** SCHROEDER and TROTT, Circuit Judges. 1 MEMORANDUM *** OVERVIEW 2 Petitioner Apodaca-Leyva (Petitioner) seeks review of a final order from the Board of Immigration Appeals (BIA) denying an application for adjustment of status and ordering that Petitioner be deported. Petitioner challenges the BIA's denial of his application for a waiver of inadmissibility, which would have made him eligible for an adjustment of status to that of a lawful permanent resident. The BIA refused to grant the waiver of inadmissibility because it found that: 1) Petitioner failed to demonstrate that his deportation would result in "extreme hardship" to his citizen wife and children; and 2) Petitioner was not entitled…