Elramly

Elramly v. Immigration & Naturalization Service

Good Law
131 F.3d 1284·97 Daily Journal DAR 15071·1997 WL 806982·1997 U.S. App. LEXIS 35137
United States Court of Appeals for the Ninth CircuitJune 25, 1997No. 93-70369California623 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 to become section 241(a)(2)(B), 8 U.S.C. § 1251 (a)(2)(B). The Board of Immigration Appeals affirmed 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 ease 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 applicable to El-ramly’s order of deportation stated:

8 U.S.C. § HOSalaXlO).

Elramly does not deny that he is deporta-ble by…

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