Badaoui-Najjar

Badaoui-Najjar v. Immigration & Naturalization Service

Good Law
11 F. App'x 751
United States Court of Appeals for the Ninth CircuitMarch 28, 2001No. 00-70735; Agency No. A70-064-534California299 words

Opinion

Lead Opinion

MEMORANDUM

Mounzer Anis Badaoui-Najjar (“Petitioner”) petitions for review of the May 23, 2000, decision of the Board of Immigration Appeals (“BIA”) which denied his motion to reopen in order to apply for suspension *752 of deportation. Petitioner was served with an order to show cause (“OSC”) on February 13, 1995, approximately two years after he entered the United States. The BIA 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.

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 Illegal 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 remaining issues seeking to challenge the BIA’s earlier denial of his…

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