Alfaro-Reyes

Petitioners Rafael Alfaro-Reyes, Alfredo Duenas-Lopez, Julian Solorzano-Salas and Shervin Moini are four lawful permanent resident aliens deportable because of their convictions for controlled substance offenses. Petitioners appeal their final orders of deportation by the Board of Immigration Appeals (“BIA”). They claim that their constitutional rights were violated when the BIA applied to their cases Anti-terrorism and Effective Death Penalty Act of 1996 1 (“AEDPA”) section 440(d), which amended Immigration and Nationality Act (“INA”) section 212(c), 8 U.S.C. § 1182 (c), to preclude the discretionary relief from deportation that they seek. The threshold issue, however, is whether Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) section 309(c)(4)(G), 2 another amendment to the INA, divests this court of jurisdiction to hear such claims of constitutional error from a decision of the BIA on direct appeal. We have jurisdiction to determine our own jurisdiction. Ye v. INS, 214 F.3d 1128, 1131 (9th Cir.2000).

In Magana-Pizano v. INS, 200 F.3d 603, 607 (9th Cir.1999), this court held that IIRIRA section 309(c)(4)(G) divested it of jurisdiction to hear…