Myvett

MEMORANDUM **

Kenrick A. Myvett (“Myvett”), a native and citizen of Belize, entered the United States from Mexico without inspection. He claims that he did so on December 17, 1988. After rejecting his asylum application, the INS served Myvett with an Order to Show Cause (“OSC”) dated February 24, 1995. After initially being found deportable in absentia, Myvett successfully moved to reopen his proceedings and sought suspension of deportation in a hearing on September 8, 1997. At the hearing, an Immigration Judge (“IJ”) denied Myvett’s application for suspension of deportation because the IJ found him statutorily ineligible for such relief under the terms of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). In particular, the IJ ruled that, under INA § 240A(d)(l), 8 U.S.C. § 1229b(d)(l), Myvett had not accrued seven years of continuous physical presence in the United States before being served with an OSC. Myvett appealed to the Board of Immigration Appeals, which affirmed the IJ on September 14,1999.

In Astrero v. INS, 104 F.3d 264 (9th Cir.1996), we held that INA § 240A(d)(l) was not effective until April 1,1997. Since this provision was first…