U.S. Court of Appeals for the Fifth Circuit, 1997

Diniz v. INS

Diniz v. INS
U.S. Court of Appeals for the Fifth Circuit · Decided April 24, 1997

Diniz v. INS

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-60247 Conference Calendar

MARIA LUIZA DOS SANTOS DINIZ, Petitioner, versus IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

- - - - - - - - - - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A29 983 576 - - - - - - - - - - April 16, 1997 Before REAVLEY, DAVIS, and BARKSDALE, Circuit Judges.

PER CURIAM:* Maria Luiza dos Santos Diniz asserts that the Board of Immigration Appeals (BIA) abused its discretion in affirming the order of the Immigration Judge denying her petition for suspension of deportation. Diniz argues that the deportation would result in “extreme hardship.” 8 U.S.C. § 1254(a)(1).

We review the BIA’s findings of no “extreme hardship” under

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-60247 - 2 - 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 Diniz.

The petition for review is DENIED.

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