Hatami-Miri

MEMORANDUM ***

In this consolidated appeal Soheil Hata-mi-Miri, a native and citizen of Iran, (1) appeals the district court’s dismissal of his petition for writ of habeas corpus; (2) petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen deportation proceedings; and (3) appeals the Legalization Appeals Unit’s (“LAU”) dismissal of his application for temporary resident status. We affirm the BIA and LAU decisions and dismiss the petition for a writ of habeas corpus for lack of jurisdiction.

1. Petition for Writ of Habeas Corpus

A. Board of Immigration Appeals Order

The district court correctly held that it did not have subject matter jurisdiction to review Hatami-Miri’s claim that the BIA improperly considered his expunged criminal conviction when it declared him ineligible for asylum or adjustment of status.

The BIA entered a final order of deportation denying Hatami-Miri’s claims for asylum and adjustment of status on May 24, 1989. At that time, section 106(a) of the Immigration and Naturalization Act (“INA”), codified at 8 U.S.C. § 1105a(a), granted the courts of appeals jurisdiction to “review ... all final orders of deportation…