Shakhbazyan

Shakhbazyan v. Ashcroft

Good Law
22 F. App'x 883
United States Court of Appeals for the Ninth CircuitDecember 28, 2001No. 01-71605; INS No. A24-984-109California341 words

Opinion

Lead Opinion

MEMORANDUM ***

Akop Shakhbazyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order issued on the grounds that Shakhbazyan is an alien convicted of an aggravated felony. The permanent rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 apply to this case because removal proceedings were initiated against Shakh-bazyan after April 1, 1997. See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We have jurisdiction to consider whether Shakhbazyan has committed a deportable offense, but must dismiss his petition for lack of jurisdiction if we conclude that he has. See Flores-Miramontes v. INS, 212 F.3d 1133, 1135 (9th Cir.2000). We dismiss.

Shakhbazyan does not dispute that his conviction for second degree robbery under CaLPenal Code § 211 constitutes an aggravated felony. See 8 U.S.C. § 1101 (a)(43)(F), (G). Because Shakhbaz-yan was convicted of an aggravated felony after admission to the United States, this court lacks jurisdiction to review the order of removal. See Flores-Miramontes, 212 F.3d at 1135 .

Shakhbazyan may, however, pursue his…

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