Valenzuela-Zamorano

Valenzuela-Zamorano v. Ashcroft

Good Law
11 F. App'x 805
United States Court of Appeals for the Ninth CircuitMarch 30, 2001No. 99-71389; INS No. A11-446-398California992 words

Opinion

Lead Opinion

MEMORANDUM ***

Enrique Valenzuela-Zamorano, a native and citizen of Mexico, appeals a final judgment of the Board of Immigration Appeals (“BIA”) ordering his removal from the United States. Valenzuela disputes the Immigration Judge’s (“IJ”) finding that he committed an aggravated felony and was therefore foreclosed from requesting cancellation of removal under 8 U.S.C. § 1229b.

In the alternative, Valenzuela argues that his commission of an aggravated felony should not prevent him from seeking relief from deportation under repealed section 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (c) (1994). Valenzuela contends that application of 8 U.S.C. § 1229b, rather than former section 212(c), had an impermissible retroactive effect because both of the convictions that constitute Valenzuela’s aggravated felony occurred prior to the statutory change.

We affirm the BIA’s conclusion that Valenzuela committed an aggravated felony. We dismiss the remainder of the petition for lack of jurisdiction.

I.

In January 1959, at the age of five, petitioner Enrique Valenzuela-Zamorano was admitted to the United States as a lawful permanent resident. In July 1991, Valenzuela pled…

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