Garcia

Garcia v. Immigration & Naturalization Service

Good Law
22 F. App'x 716
United States Court of Appeals for the Ninth CircuitOctober 17, 2001No. 00-70374; I & NS No. A26-254-031California681 words

Opinion

Lead Opinion

MEMORANDUM **

Ernesto T. Garcia, a native and citizen of the Philippines, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) upholding an Immigration Judge’s (“IJ”) determination denying him adjustment of status, voluntary departure, *717 and waiver of inadmissibility. For the reasons set forth, we deny the petition.

Jurisdiction in this case falls under the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, 110 Stat. 3009-546 (1996) (“IIRIRA”), because (1) immigration proceedings were initiated before IIRIRA’s effective date of April 1, 1997 and (2) the BIA’s final order of deportation was issued after October 30, 1996. See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997).

Under IIRIRA’s transitional rules, “there shall be no appeal of any discretionary decision under section 212(c), 212(h), 212(i), 244, or 245 of the Immigration and Nationality Act [sections 1182(c), 1182(h), 1182(i), 1254, or 1255 of this title] as in effect as of the date of the enactment of this Act [Sept. 30, 1996]).” IIRIRA § 309(c)(4)(E), 8 U.S.C.A. § 1101 historical and statutory notes (1999) (brackets in…

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