Larry Efosa BAZUAYE, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

Bazuaye petitions us to reverse the decision of the Board of Immigration Appeals (Board) denying his request for voluntary departure pursuant to 8 U.S.C. § 1254 (e)(1). We have jurisdiction over this timely appeal pursuant to 8 U.S.C. § 1105a(a)(1), and the Board exercised its jurisdiction pursuant to 8 C.F.R. §§ 3.1 (b)(2) and 242.21. We review de novo the Board’s interpretation of the Act. Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995). Its interpretation, however, is given deference. Id. We review de novo due process challenges to the Act’s deportation pro cedures. Burgos-Abril v. INS, 58 F.3d 475, 476 (9th Cir.1995).

Bazuaye seeks the discretionary relief of voluntary departure under 8 U.S.C. § 1254 . Only persons of good moral character may obtain this relief. See 8 U.S.C. § 1254 (e)(1). Section 1101(f)(3) defines persons of good moral character as excluding persons described in section 1182(a)(2)(A) of the Immigration and Nationality Act of 1952 (Act), i.e., those convicted of any law relating to a controlled substance or a drug-related crime. Bazuaye was convicted for possession of cocaine, in violation of California Health & Safety Code § 11350. He argued before the…