Diaz-Aguilera
Diaz-Aguilera v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Armando Diaz-Aguilera petitions for review of a final order of deportation entered by the Board of Immigration Appeals (“BIA”) on October 19, 2000. The facts and prior proceedings are known to the parties; they are not restated herein except as necessary.
Diaz-Aguilera, a native and citizen of Mexico, entered the United States in 1985. In 1991, he left the country for a five-month period. On February 23, 1996, he was served with an Order to Show Cause (“OSC”) why he should not be deported as an alien having entered the United States without inspection. On June 10, 1998, the Immigration Judge denied his application for suspension of deportation because he did not meet the new continuous physical presence requirements set forth in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 110 Stat. 3009 -625 (“IIRIRA”). The BIA affirmed.
In Ram v. INS, 243 F.3d 510 (9th Cir.2001), we held that IIRIRA § 309(c)(5), “Transitional Rule with Regard to Suspension of Deportation,” applies the new continuous physical presence requirements to transitional rule aliens such as Diaz-Aguilera. Section 309(c)(5) provides, in pertinent part: .
IRIRA § 309(c)(5)(A),…