Gevorkian

Gevorkian v. Immigration & Naturalization Services

Good Law
20 F. App'x 757
United States Court of Appeals for the Ninth CircuitOctober 16, 2001No. 00-70548; I & NS No. A70-081-597California587 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Artour Gevorkian petitions for review of an April 25, 1997 decision of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s denial of his requests for withholding of deportation and for asylum pursuant to § 243(h) of the Immigration and Naturalization Act (“INA”), 8 U.S.C. § 1254 (a)(1) (repealed 1996). Gevorkian also seeks review of the BIA’s April 13, 2000 denial of his motion to reopen deportation proceedings, arguing that the statute of limitations in 8 C.F.R. § 3.2 (c)(2) should be equitably tolled because he received ineffective assistance of counsel.

Petitioner’s deportation proceedings commenced prior to April 1, 1997 and the final order of deportation was issued after October 30,1996. The transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRI-RA”) therefore govern his case. See IIRI-RA, Pub.L. No. 10-T-208, § 309(a), 110 Stat. 3009 , 3009-625 (1996); Kalaw v. INS, 133 F.3d 1147,1150 (9th Cir.1997).

We dismiss the petition for review of the BIA’s April 25, 1997 final deportation order and denial of asylum for lack of jurisdiction. Under IIRIRA § 309(c)(4)(C), “the petition for…

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