David Lee Trail v. Immigration and Naturalization Service

91 F.3d 155 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David Lee TRAIL, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70246. United States Court of Appeals, Ninth Circuit. Submitted July 11, 1996. * Decided July 15, 1996. Before: WOOD, ** CANBY, and RYMER, Circuit Judges. 1 MEMORANDUM *** 2 David Lee Trail appeals a decision of the Board of Immigration Appeals affirming an Immigration Judge's decision denying his requests for suspension of deportation under 8 U.S.C. § 1254 (a)(1) and voluntary departure under 8 U.S.C. § 1254 (e). We affirm. I. 3 Trail is a native and citizen of Jamaica. When he came to the United States as a visitor in 1980 he was authorized to remain in the United States for a period not to exceed six months. On March 10, 1989, Trail was convicted in the State Court of Hawaii of manslaughter and was sentenced to probation and one year of incarceration. Finding that Trail "acted in a manner extremely close to…