Ang

Ang v. Immigration & Naturalization Service

Good Law
1 F. App'x 693
United States Court of Appeals for the Ninth CircuitJanuary 10, 2001No. 99-70082; I & NS No. A72-099-816California604 words

Opinion

Lead Opinion

MEMORANDUM ***

Petition to Review a Decision of the Immigration and Naturalization Service

Angelita Ang appeals from a final order of deportation by the Board of Immigra *694 tion Appeals. Because deportation proceedings against her commenced before April 1, 1997, and the Board’s final order was entered after October 30, 1996, the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility-Act of 1996 (“IIRIRA”), Pub.L. No. 104-208, 110 Stat. 3009, are applicable. See Hose v. INS, 180 F.3d 992, 995 (9th Cir. 1999) (en banc); Kalaw v. INS, 133 F.3d 1147,1150 (9th Cir.1997).

The transitional rules provide that “there shall be no appeal of any discretionary decision” under section 244 of the Immigration and Nationality Act, 8 U.S.C. § 1254 (now repealed), and other provisions. IIRIRA § 309(c)(4)(E); see also Lafarga v. INS, 170 F.3d 1213, 1215 (9th Cir.1999). In Kalaw we held that the determination of “extreme hardship” under § 244 of the INA “is clearly a discretionary act,” and is “expressly committed to the Attorney General’s discretion.” Kalaw, 133 F.3d at 1152 . We therefore lack jurisdiction over this appeal insofar as Ang simply argues that the BIA…

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