Silva-Ruiz

Silva-Ruiz v. Immigration & Naturalization Service

Good Law
8 F. App'x 810
United States Court of Appeals for the Ninth CircuitMay 4, 2001No. 99-70207; I & NS No. A72-293-054California427 words

Opinion

Lead Opinion

MEMORANDUM *

Andres Silva-Ruiz, a native and citizen of Mexico, petitions for review of a Board of Immigration (“BIA”) decision denying his request for suspension of deportation pursuant to section 244(a)(1) of the Immigration and Naturalization Act (“INA”), 8 U.S.C. § 1254 (a)(1) (now repealed). Because this court lacks subject matter jurisdiction over Silva-Ruiz’s claims, we dismiss the petition for review.

1. We lack jurisdiction to review the Attorney General’s discretionary decision not to suspend deportation. Un *811 der the Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), Pub.L. No. 104-208, 110 Stat. 3009 (1996), deportation proceedings initiated prior to April 1, 1997, for which a final order of deportation is issued after October 30, 1996, are subject to “transitional rules of judicial review.” Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997); IIRIRA § 309(c)(4). Since deportation proceedings were initiated against Silva-Ruiz on July 9, 1996, and since a final order of deportation was issued on January 29, 1999, the transitional rules apply to Silva-Ruiz’s case. Under the transitional rules, we lack jurisdiction to review many of the Attorney…

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