Pua

MEMORANDUM ***

Grace Uy Pua (“Uy”), a native and citizen of the Philippines, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing her appeal of the Immigration Judge’s (“IJ”) denial of her application for suspension of deportation.

This petition falls under the transitional rales of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, 110 Stat. 3009-546 (Sept. 30, 1996) (“IIRIRA”). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997) (“As to cases in which a final deportation or exclusion order was filed after October 30, 1996, and which were pending before April 1, 1997, IIRIRA’s transitional rales apply.”). Immigration proceedings were initiated against Uy in November of 1993, well before IIRIRA’s effective date of April 1, 1997. The BIA’s final order of deportation was issued on July 25, 2001, well after October 30,1996.

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…