Malinsky

MEMORANDUM **

Derek Anthony Malinsky, a native and citizen of Canada, petitions for review of a final order of the Board of Immigration Appeals (“BIA”) upholding a decision of an Immigration Judge (“IJ”). The IJ found Malinsky deportable as an aggravated felon under section 241 (a)(2)(A)(iii) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1251 (a)(2)(A)(iii) (current version at 8 U.S.C. § 1227 (a)(2)(A)(iii)), and ineligible to apply for relief from deportation under former INA section 212(c), 8 U.S.C. § 1182 (c) (1994). We deny the petition because we agree that Malinsky was convicted of “an offense involving fraud or deceit” with over $10,000 of loss to victims under 8 U.S.C. § 1101 (a)(43)(M)(i). 1 The BIA erred, however, in finding Malinsky ineligible to apply for section 212(c) relief. We thus stay the mandate for 90 days to allow him to seek such relief.

IIRIRA’s transitional rules apply because the deportation proceedings were initiated before April 1, 1997 and a final order of deportation was filed after October 30, 1996. See, e.g., Alberto-Gonzalez v. INS, 215 F.3d 906 , 908 n. 3 (9th Cir.2000). Under IIRIRA § 309(c)(4)(G), “there shall be no appeal…