Barrera-Garcia v. INS ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-60549
Summary Calendar
TEODORO BARRERA-GARCIA,
Petitioner,
versus
IMMIGRATION AND NATURALIZATION
SERVICE,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
(A39 295 979)
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May 17, 1996
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Teodoro Barrera-Garcia, a Mexican citizen, petitions for
review of the decision of the Board of Immigration Appeals (BIA).
Barrera argues that the BIA failed to exercise independent
judgment in reviewing the immigration judge’s (IJ’s) decision and
abused its discretion by denying Barrera him a waiver of
deportation pursuant to 8 U.S.C. § 1182(c), § 212(c) of the
Immigration and Nationality Act (INA). The BIA exercised its
*
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that this opinion should not be published and is not precedent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. 95-60549
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independent judgment in reviewing the denial of waiver and did
not abuse its discretion in denying relief from deportation. See
Ghassan v. INS, 972 F.2d 631, 635-36 (5th Cir. 1992); Diaz-
Resendez v. INS, 960 F.2d 493, 495 (5th Cir. 1992).
Barrera also argues that one of the judges sitting on the
BIA did not exercise impartial judgment because he was a junior
judge to the immigration judge whose order the BIA was reviewing.
Barrera presents nothing other than his dissatisfaction with the
BIA’s decision as evidence of the judge’s bias. To the extent
that Barrera is raising new arguments in his reply brief
concerning due process and C.F.R. violations regarding this
judicial-bias argument, Barrera is prohibited from raising such
issues. See Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993).
The petition for review is DENIED.