Lopez-Rodriguez

MEMORANDUM **

Nelson Lopez-Rodriguez is a native and a citizen of Guatemala who entered the United States without inspection on or about November 19, 1989. On July 10, 1996, six years and eight months after Lopez-Rodriguez illegally entered the United States, the Immigration and Naturalization Service (“INS”) commenced deportation proceedings against him by issuing an Order to Show Cause (“OSC”). At a hearing some four months later, Lopez-Rodriguez admitted the allegations in the OSC, conceded deportability, and requested suspension of deportation. On February 2, 1998, the Immigration Judge (“IJ”) denied his application for suspension of deportation because he did not have seven years of continuous physical presence in the United States prior to the commencement of deportation proceedings (the “stop-time rule”). On appeal, the Board of Immigration Appeals (“BIA”) affirmed the decision of the IJ. Lopez-Rodriguez petitions for review of the decision of the BIA.

Lopez-Rodriguez argues that the stop-time rule imposed by § 309(c)(5) of the Illegal Immigration Reform and Immi *579 grant Responsibility Act of 1996, Pub.L. No. 104-208, 110 Stat. 3009-546 (Sept. 30, 1996) (“IIRIRA”), as…