Ruiz-Ruiz

Ruiz-Ruiz v. Immigration & Naturalization Service

Good Law
22 F. App'x 866
United States Court of Appeals for the Ninth CircuitDecember 17, 2001No. 98-70608; I & NS No. A90-055-063California298 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner is a lawful permanent resident who was ordered to show cause why he should not be deported pursuant to 8 U.S.C. § 1251 (a)(2)(C) (West 1994) (deportation of aliens convicted of certain firearm offenses). Deportation proceedings formally commenced on June 14, 1996. On May 21, 1997, the Immigration Judge ordered that Petitioner be deported to Mexico and denied his applications for discretionary relief. The Board of Appeals affirmed this decision on May 4, 1998, and Petitioner timely filed a petition for review. The INS moved to dismiss his petition for review pursuant to IIRIRA § 309(c)(4)(G).

The petition before us is governed by IIRIRA’s transitional rules. See Kalaw v. INS, 133 F.3d 1147, 1149-50 (9th Cir. 1997). IIRIRA enacted transitional rules restricting judicial review of all final orders of deportation. Judicial review of such petitions is governed by § 309(c)(4)(G), a provision that contains broad language precluding judicial review. Under that provision, this court does not have jurisdiction to hear statutory or constitutional claims on direct review. See Alfaro-Reyes v. INS, 224 F.3d 916 , 918 (9th Cir.2000); Magana-Pizano v. INS, 200 F.3d…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.