Elramly

Elramly v. Immigration & Naturalization Service

Good Law
116 F.3d 435·97 Daily Journal DAR 8072·1997 U.S. App. LEXIS 15236·97 Cal. Daily Op. Serv. 4943
United States Court of Appeals for the Ninth CircuitJune 25, 1997No. 93-70369California579 words

Opinion

Lead Opinion

This matter is before us on remand from the Supreme Court of the United States. In 1990, petitioner Mohammed Baher Elramly was ordered deported pursuant to section 241(a)(ll) of the Immigration and Naturalization Act, 8 U.S.C. § 1251 (a)(ll). That provision was renumbered in 1990 and is now section 241(a)(2)(B), 8 U.S.C. § 1251 (a)(2)(B). The Board of Immigration Appeals affirmed *436 the order, and Elramly petitioned this court for review. We granted his petition for review. Elramly v. I.N.S., 73 F.3d 220 (9th Cir.1995) (amended opinion). The Supreme Court by order granted certiorari, vacated our decision, and remanded the case to us “for further consideration in light of the Anti-terrorism and Effective Death Penalty Act of 1996.” I.N.S. v. Elramly, - U.S.-, 117 S.Ct. 31 , 135 L.Ed.2d 1123 (1996). After supplemental briefing, we conclude that Elramly’s petition must be dismissed for lack of jurisdiction.

The Antiterrorism and Effective Death Penalty Act (“Antiterrorism Act”) amended the Immigration and Naturalization Act so that the relevant provision now states:

8 U.S.C. § 1105a(a)(10).

Elramly does not deny that he is deporta-ble by reason of conviction of an offense…

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