Rojas-Garcia

Rojas-Garcia v. Immigration & Naturalization Service

Good Law
4 F. App'x 368
United States Court of Appeals for the Ninth CircuitFebruary 14, 2001No. 99-71018; INS No. A73-030-787California802 words

Opinion

Lead Opinion

MEMORANDUM **

Oscar Rojas-Garcia, a native and citizen of Mexico, petitions for review of a final order of the Board of Immigration Appeals (“BIA”) summarily dismissing his appeal from an Immigration Judge’s decision finding him deportable based on a firearm offense and from the BIA’s denial of his motion for reconsideration. Because we lack jurisdiction to review the petition, we dismiss.

This petition is governed by the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”), Pub.L. No. 104-208, 110 Stat. 3009-546, 3009-626-27 (1996), because the final agency order was entered after October 30, 1996, and deportation proceedings were pending before April 1, 1997. See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). Under the transitional rules, “there shall be no appeal permitted in the case of an alien who is ... deportable by reason of having committed a criminal offense” enumerated in section 241(a)(2)(C) of the Immigration and Nationality Act (“INA”). See IIRIRA § 309(c)(4)(G).

Rojas-Garcia admitted to being convicted of a firearms offense, which is covered by section 241(a)(2)(C) of the INA. We must therefore dismiss this petition…

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