Pablo-Sanchez

Pablo-Sanchez v. Immigration & Naturalization Service

Good Law
9 F. App'x 601
United States Court of Appeals for the Ninth CircuitMay 4, 2001No. 99-71661; I & NS Nos. A72 865 431, A72 865 491California428 words

Opinion

Lead Opinion

MEMORANDUM *

Ponciano Pablo-Sanchez and his wife, Fiorina Lucas de Pablo, petition for review *602 of a Board of Immigration Appeals (“BIA”) decision denying their 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pursuant to section 244(a)(1) of the Immigration and Naturalization Act (“INA”), 8 U.S.C. § 1254 (a)(1) (now repealed). The Pablos also challenge the BIA’s denial of their motion to reconsider their case. Because this court lacks subject matter jurisdiction over their claims, we dismiss their petition for review. The parties are familiar with the facts and procedural history of the case; therefore, we will not recount them here.

1. This case is governed by the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), Pub.L. No. 104-208, 110 Stat. 3009 (1996). The transitional rules of judicial review apply to deportation proceedings initiated prior to April 1, 1997, for which a final order of deportation is issued after October 30, 1996. Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997); IIRIRA § 309(c)(4). Because deportation proceedings were initiated against petitioners on November 3, 1995, and because a final order of deportation…

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