IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-60227 Summary Calendar __________________

SMART IMHANSIONAN IYANOBOR, Petitioner, versus IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

- - - - - - - - - - Petition for Review of an Order of the Board of Immigration Appeals A41-542-100 - - - - - - - - - - April 1, 1996 Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.

PER CURIAM:* Smart I. Iyanobor, a Nigerian citizen, asserts that the Board of Immigration Appeals ("BIA") erred denying his application for waiver of inadmissiblity, filed pursuant to 8 U.S.C. § 1182(h). We have reviewed the record and find that the BIA's affirmance of the Immigration Judge's decision denying the Iyanobor’s application was supported by substantial evidence and

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 95-60227 -2- was neither arbitrary nor capricious. See Opie v. INS, 66 F.3d 737, 739 (5th Cir. 1995).

The petition for review is DENIED.