Garcia-Garcia

Garcia-Garcia v. Immigration & Naturalization Service

Good Law
11 F. App'x 750
United States Court of Appeals for the Ninth CircuitMarch 28, 2001No. 00-70686; Agency No. A72-323-684California269 words

Opinion

Lead Opinion

MEMORANDUM

Martin Garcia-Garcia (“Petitioner”) petitions for review of the final order of deportation entered by the Board of Immigration Appeals (“BIA”) on May 23, 2000. Petitioner was served with an order to show cause (“OSC”) on October 30, 1996— approximately six years and eleven months after he entered the United States. At a hearing on March 3, 1998, the Immigration Judge denied Petitioner’s application for suspension of deportation because Petitioner had failed to meet the continuous physical presence requirement before being served with the OSC and thus was statutorily ineligible for suspension. On appeal, the BIA affirmed.

Petitioner contends that he was eligible for suspension of deportation and challenges the BIA’s decision that the “stop-time rule” — a new continuous physical presence requirement set forth in the Ille *751 gal Immigration Reform and Immigrant Responsibility Act of 1996, 110 Stat. 3009 -625 — bars such relief in his case. Petitioner’s arguments challenging the application of the stop-time rule are foreclosed by our recent decision in Ram v. INS, 243 F.3d 510 (9th Cir.2001).

We do not consider Petitioner’s eligibility, if any, for relief under the…

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