Habchy

*925 MEMORANDUM **

Tarek Eid Habchy, a citizen of Lebanon with lawful permanent resident status, pled guilty to conspiracy to possess hashish with the intent to distribute in violation of 21 U.S.C. §§ 846 and 841(a). He petitions for review of the Board of Immigration Appeals (BIA) decision denying his request for withholding of deportation. We deny the request for lack of jurisdiction.

The Ninth Circuit has “jurisdiction to determine [its] jurisdiction.” Luu-Le v. INS, 224 F.3d 911, 913 (9th Cir.2000). In 1996, the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) changed the rules regarding federal court jurisdiction of certain BIA decisions, effectively blocking many avenues of judicial review and giving the BIA final jurisdiction in most INS deportation cases. Kalaw v. INS, 133 F.3d 1147, 1149 (9th Cir. 1997). Application of IIRIRA is date-dependent. “Immigration proceedings initiated by the INS before IIRIRA’s general effective date of April 1, 1997, in which a final deportation or exclusion order was filed after October 30, 1996, are governed by interim transitional rules.” Magana-Pizano v. INS, 200 F.3d 603, 607 (9th Cir.1999). A deportation proceeding…