Pineda-De Cedillo v. INS

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-60711 Summary Calendar ANDREA CRISTINA PINEDA-ACOSTA DE CEDILLO, Petitioner, versus IMMIGRATION AND NATURALIZATION SERVICE, Respondent. - - - - - - - - - - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A28-601-439 - - - - - - - - - - May 23, 1997 Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges. PER CURIAM:* Andrea Cristina Pineda-Acosta De Cedillo (“Pineda”) asserts that the Board of Immigration Appeals (BIA) abused its discretion in denying her petition to reopen deportation proceedings to apply for suspension of deportation. Pineda argues that the deportation would result in extreme hardship. 8 U.S.C. § 1254(a)(1)(1997 Supp.). * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 96-60711 - 2 - We review the BIA’s findings of no extreme hardship under a strict standard for abuse of discretion. Hernandez-Cordero v. INS, 819 F.2d 558, 562-63 (5th Cir. 1987). Procedurally, our review is to determine that the BIA considered the factors individually and cumulatively. Id. at 563. Substantively, we may find an abuse of discretion only when the hardship is such that any reasonable person would necessarily conclude that the hardship is extreme. Id. After reviewing the record before us, we conclude that the BIA did not abuse its discretion, either procedurally or substantively, in determining that no extreme hardship existed with the deportation of Pineda. The petition for review is DENIED.