Nicolasa De Valenzuela Sanchez v. Immigration and Naturalization Service

85 F.3d 639 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Nicolasa DE VALENZUELA SANCHEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70681. United States Court of Appeals, Ninth Circuit. Submitted April 10, 1996. * Decided May 2, 1996. 1 Before: SCHROEDER and LEAVY, Circuit Judges and TRIMBLE ** , District Judge. 2 MEMORANDA *** BACKGROUND 3 In 1968, Mrs. Valenzuela entered this country. In 1971, she was granted lawful permanent resident status. In 1978, she was convicted of possession of heroin with intent to distribute and conspiracy to do the same. In 1989, the INS sought to deport Mrs. Valenzuela as an alien convicted of controlled substance violations. Mrs. Valenzuela admitted that she was deportable because of the violations, but sought discretionary relief in the form of a waiver of deportability under 8 U.S.C. § 1182 (c), Immigration and Naturalization Act (INA) § 212(c). 4 The immigration judge (IJ) found Mrs. Valenzuela…