Arango-Tamayo v. INS

USCA1 Opinion









May 3, 1996
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 95-2239


GERMAN ARANGO-TAMAYO, A/K/A GERMAN ARANGO,

Petitioner,

v.

IMMIGRATION AND NATURALIZATION SERVICE,

Respondent.

____________________


ON PETITION FOR REVIEW OF
ORDER OF THE BOARD OF IMMIGRATION APPEALS

____________________


Before

Selya, Boudin and Stahl,
Circuit Judges. ______________

____________________

Mark L. Galvin on brief for petitioner. ______________
Frank W. Hunger, Assistant Attorney General, Ellen Sue Shapiro, _______________ _________________
Senior Litigation Counsel, and John T. Lynch, Jr., Attorney, Office of __________________
Immigration Litigation, Civil Division, U.S. Department of Justice, on
brief for respondent.


____________________


____________________





Per Curiam. The petitioner-appellant, German ___________













Arango-Tamayo, appeals from an order of the Board of

Immigration Appeals (Board) denying his request for relief

from deportation under Section 212(c) of the Immigration and

Nationality Act, 8 U.S.C. 1182(c). After careful review of

the parties' briefs and the record, we affirm, substantially

for the reasons given in the Immigration Judge's opinion

dated September 8, 1992, which was affirmed by the Board in

its opinion dated October 17, 1995. The petitioner has

failed to demonstrate that the denial was arbitrary,

capricious, or an abuse of discretion. See Gouveia v. ___ _______

I.N.S., 980 F.2d 814, 818 (1st Cir. 1992). Furthermore, he ______

may not assign as error the Board's failure to remand for

additional evidence, as he did not seek such relief below.

See Ravindran v. I.N.S., 976 F.2d 754, 761 (1st Cir. 1992). ___ _________ ______

Affirmed. Loc. R. 27.1. ________























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