Figueroa-Gomez

Figueroa-Gomez v. Immigration & Naturalization Service

Good Law
6 F. App'x 632
United States Court of Appeals for the Ninth CircuitMarch 28, 2001No. 99-70794; INS Nos. A70-783-348, A70-783-349California232 words

Opinion

Lead Opinion

MEMORANDUM

Mauricio Alberto Figueroa-Gomez and Miriam Rosa Figueroa, natives and citi *633 zens of El Salvador, petition pro se for review of a final decision of the Board of Immigration Appeals (“BIA”) dismissing their appeal of an immigration judge’s denial of their applications for suspension of deportation. Pursuant to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), and we therefore have jurisdiction under 8 U.S.C. § 1105a(a), as amended by IIRIRA § 309(c), see Avetova-Elisseva v. INS, 213 F.3d 1192 , 1195 n. 4 (9th Cir.2000). We review the BIA’s continuous physical presence determination for substantial evidence, see Kalaw, 133 F.3d at 1151 , and because substantial evidence supports the BIA’s decision, we deny the petition for review.

We do not consider petitioners’ eligibility, if any, for relief under the class action pending in the district court in accordance with Barahona-Gomez v. Reno, 167 F.3d 1228 (9th Cir.1999), supplemental opinion, 236 F.3d 1115 (9th Cir.2001). Our resolution of this case does not affect any interim or permanent relief…

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