Abdel-Razek

Abdel-Razek v. Immigration & Naturalization Service

Good Law
114 F.3d 831·97 Daily Journal DAR 7133·1997 WL 303315·1997 U.S. App. LEXIS 13133·97 Cal. Daily Op. Serv. 4241
United States Court of Appeals for the Ninth CircuitJune 5, 1997Nos. 95-70395, A71-953-257California282 words

Opinion

Lead Opinion

Schwarzer, J.

ORDER

The memorandum disposition filed April 16,1997, is redesignated as an authored opinion by Judge William W Schwarzer.

*832 OPINION

Tarek Mohammed Abdel-Razek petitions for review of the decision of the Board of Immigration Appeals (“BIA”) denying petitioner’s application for a waiver under section 212(h) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182 (h), and ordering deportation. Petitioner came to the United States as a student visitor in 1985. Seven months later, he was arrested for stabbing a man to death. He pled guilty to voluntary manslaughter in 1989, and was sentenced to eleven years in prison. In 1994 deportation proceedings were initiated based on his manslaughter conviction. On May 1, 1995, the BIA ordered petitioner deported. On October 6, 1995, petitioner filed his petition in this court.

On April 24, 1996, the President signed into law the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Title IV of the Act amends the INA in various respects, including judicial review of orders of deportation. We held in Duldulao v. INS, 90 F.3d 396, 398-99 (9th Cir.1996) (petition for reh’g pending), that the effect of the AEDPA is to…

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