Francisco Martinez-Maldonado v. Immigration and Naturalization Service

79 F.3d 1153 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Francisco MARTINEZ-MALDONADO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70481. United States Court of Appeals, Ninth Circuit. Submitted March 6, 1996. * Decided March 11, 1996. Before: BROWNING, WALLACE, and FARRIS, Circuit Judges. 1 MEMORANDUM ** 2 The Board of Immigration Appeals did not abuse its discretion by denying Martinez-Maldonado's application for suspension of deportation under 8 U.S.C. § 1254 (a). 3 Martinez-Maldonado's argument that deportation would pose an extreme hardship to his nephew is foreclosed by INS v. Hector, 479 U.S. 85 (1986). The Board properly considered Martinez-Maldonado's relationship with his nephew as a factor which could create hardship to Martinez-Maldonado himself. See Mejia-Carrillo v. INS, 656 F.2d 520, 522 (9th Cir.1981). The Board did not abuse its discretion in finding that Martinez-Maldonado's separation from his nephew and sisters…