Gonzalez

Gonzalez v. Immigration & Naturalization Service

Good Law
8 F. App'x 789
United States Court of Appeals for the Ninth CircuitApril 30, 2001No. 99-70095; INS No. A73-896-184California635 words

Opinion

Lead Opinion

MEMORANDUM *

Doroteo Gonzalez, ** a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’s (“BIA”) decision denying his application for suspension of deportation under Immigration and Nationality Act (“INA”) § 106(a), codified at 8 U.S.C. § 1105a (repealed 1996). We lack jurisdiction to review Gonzalez’s claims.

1. Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), deportation proceedings initiated prior to April 1, 1997, for which a final order of deportation is issued after October 30, 1996, are subject to the transitional rules. IIRIRA § 309(c)(4)(E); Kalaw v. INS, 133 F.3d 1147, 1150-51 (9th Cir.1997). Because deportation proceedings were initiated against Gonzalez on August 3, 1995, and a final order of deportation was issued on January 4, 1999, the transitional rules apply to his case.

2. Gonzalez contends the BIA violated his due process rights by: 1) failing *791 to evaluate the best interests of his children as evidence of extreme hardship pursuant to INA § 244; 2) failing to state the standard of review it was applying; and 3) inadequately explaining its rejection of his claim that the IJ had…

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