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Sabino Zuniga-Lopez v. INS, 95-2251 (1996)

Court: Court of Appeals for the Eighth Circuit Number: 95-2251 Visitors: 15
Filed: Feb. 09, 1996
Latest Update: Mar. 02, 2020
Summary: _ No. 95-2251 _ Sabino Zuniga-Lopez, * * Petitioner, * * Petition for Review of v. * an Order of the Immigration * and Naturalization Service. Immigration and Naturalization * Service, * [UNPUBLISHED] * Respondent. * _ Submitted: February 6, 1996 Filed: February 9, 1996 _ Before WOLLMAN, LOKEN, and HANSEN, Circuit Judges. _ PER CURIAM. Sabino Zuniga-Lopez filed this petition for review of a Board of Immigration Appeals (BIA) deportation order. We deny the petition. Zuniga-Lopez, a Mexican citize
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                            ___________

                            No. 95-2251
                            ___________


Sabino Zuniga-Lopez,             *
                                 *
          Petitioner,            *
                                 *   Petition for Review of
     v.                          *   an Order of the Immigration
                                 *   and Naturalization Service.
Immigration and Naturalization   *
Service,                         *         [UNPUBLISHED]
                                 *
          Respondent.            *

                            ___________

                  Submitted:   February 6, 1996

                        Filed: February 9, 1996
                             ___________

Before WOLLMAN, LOKEN, and HANSEN, Circuit Judges.
                           ___________


PER CURIAM.


     Sabino Zuniga-Lopez filed this petition for review of a Board
of Immigration Appeals (BIA) deportation order.       We deny the
petition.


     Zuniga-Lopez, a Mexican citizen, obtained legal permanent
resident status in the United States in September 1990.          In
November 1993, the Immigration and Naturalization Service issued
Zuniga-Lopez an order to show cause why he should not be deported
pursuant to Section 241(a)(2)(C) of the Immigration and Nationality
Act (INA), 8 U.S.C. § 1251 (a)(2)(C) (concerning firearms
convictions), on the basis of his state conviction for carrying
weapons.    An immigration judge ordered Zuniga-Lopez deported,
concluding that he was deportable because he was convicted of a
crime which constituted a firearms offense.     The BIA rejected
Zuniga-Lopez's appeal from the deportation order.


     We review for abuse of discretion BIA denials of claims for
relief from deportation. Immigration and Naturalization Serv. v.
Doherty, 
502 U.S. 314
, 323-24 (1992). The BIA did not abuse its
discretion in concluding that Zuniga-Lopez's conviction record
provided clear, unequivocal, and convincing evidence of his
deportability for a firearms offense under section 241(a)(2)(C).
See 8 U.S.C. § 1251(a)(2)(C); Torabpour v. INS, 
694 F.2d 1119
, 1122
(8th Cir. 1982) (BIA findings of fact conclusive if supported by
reasonable, substantial, and probative evidence).


     The BIA also did not abuse its discretion in determining that
Zuniga-Lopez did not qualify for suspension of deportation under
section 244(a)(2) of the INA, because he failed to meet the
statutory requirement of ten years post-offense physical presence,
having pleaded guilty to committing the firearms offense in May
1993.   See 8 U.S.C. § 1254(a)(2).     Nor did the BIA abuse its
discretion in refusing Zuniga-Lopez an adjustment of status
pursuant to section 245(a) of the INA, because he produced no
evidence of the required adjustment application.     See 8 U.S.C.
§ 1255(a)(1); Perwolf v. INS, 
741 F.2d 1109
, 1111 (8th Cir. 1984).
We will not consider new evidence, as our consideration of a
petition for review is limited to the administrative record and
findings of fact. See White v. INS, 
6 F.3d 1312
, 1315 (8th Cir.
1993), cert. denied, 
114 S. Ct. 2162
(1994).


     Finally, we see no abuse of discretion in the BIA's denial of
a section 212(c) waiver, because Zuniga-Lopez failed to establish
the seven years of lawful domicile required by the INA, having not
shown (or asserted) that he had lawful status before he became a
permanent resident in 1990. See 8 U.S.C. § 1182(c); Raya-Ledesma
v. INS, 
55 F.3d 418
, 419-20 (9th Cir. 1994) (plaintiff not

                               -2-
eligible for § 212(c) waiver of deportation because not lawful
permanent resident for seven years).


    Accordingly, Zuniga-Lopez's petition for review is denied.


    A true copy.


         Attest:


              CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.




                              -3-

Source:  CourtListener

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