Morales-Ramirez

Morales-Ramirez v. Ashcroft

Good Law
36 F. App'x 592
United States Court of Appeals for the Ninth CircuitMay 30, 2002No. 00-70781; I & NS No. A76-269-130California528 words

Opinion

Lead Opinion

MEMORANDUM ***

Antonio Morales-Ramirez seeks review of the BIA’s order of removal, arguing that *593 the BIA erred by not adjudicating his request for suspension of deportation and by not granting his requests for political asylum and withholding of removal. We agree with the BIA that Morales-Ramirez is ineligible to apply for suspension of deportation and that he failed to establish his eligibility for either asylum or withholding of removal. Accordingly, we deny his petition for review.

DISCUSSION

1. Suspension of Deportation

Morales-Ramirez argues that because he surrendered himself to the INS prior to April 1, 1997, the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), he should be permitted to apply for suspension of deportation under pre-IIRIRA law. Recent decisions, however, foreclose that argument. See Jimenez-Angeles v. Ashcroft, 291 F.3d 594 (9th Cir.2002) (holding there is no jurisdiction to review the timing of the INS’s initiation of proceedings and that IIRIRA applies to an alien who surrendered herself prior to the effective date); Cortez-Felipe v. INS, 245 F.3d 1054, 1057 (9th Cir.2001) (holding that this court lacks…

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