Lemus-Herrera

Lemus-Herrera v. Immigration & Nationality Services

Good Law
26 F. App'x 650
United States Court of Appeals for the Ninth CircuitDecember 13, 2001No. 97-70983; I & NS No. A36 894 665California241 words

Opinion

Lead Opinion

MEMORANDUM **

Ricardo Lemus-Herrera, a native and citizen of Mexico, appeals the Board of Immigration Appeals’ determination that he is statutorily ineligible for relief under the Immigration and Nationality Act (“INA”), § 212(c). We dismiss the petition for lack of jurisdiction.

This case is governed by the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) because Lemus-Herrera was *651 placed in exclusion proceedings before April 1, 1997, and his final exclusion order was filed after October 30, 1996. See Hose v. INS, 180 F.3d 992, 995 (9th Cir.1999) (en banc). Under the transitional rules, we lack jurisdiction over appeals by aliens who are “inadmissible or deportable by reason of having committed a criminal offense covered in section 212(a)(2) or section 241(a)(2)(A)(iii), (B), (C), or (D) of the Immigration and Nationality Act ....” IIRIRA § 309(c)(4)(G). In this case, Le-mus-Herrera concedes that he is excludable under INA § 212(a)(2)(i)(II).

Accordingly, we dismiss this petition for review for lack of jurisdiction. See Magana-Pizano v. INS, 200 F.3d 603, 607 (9th Cir.1999) (holding that IIRIRA § 309(c)(4)(G) repealed…

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