Zaza

MEMORANDUM *

Madlena Lina Zaza petitions for review of the Board of Immigration Appeals’ order denying her motion to reopen deportation proceedings to seek relief under the Nicaraguan Adjustment and Central American Relief Act, Pub.L. No. 105-100, 111 Stat. 2160 (Nov. 19, 1997), as amended by Pub.L. No. 105-139, 111 Stat. 2644 (Dec. 2, 1997). We deny the petition for review.

I

Zaza moved to reopen based on NA-CARA. In January 1999, the immigration judge denied Zaza relief for two reasons: (1) she was not a NACARA-eligible class member because she had failed to file an asylum application by December 31, 1991; and (2) she was statutorily barred from relief because she had been granted the privilege of voluntary departure and didn’t depart. In 2001, the BIA affirmed the IJ’s decision without an opinion and this appeal followed.

II

Because Zaza’s deportation proceedings were pending before April 1,1997, and she received her final order of deportation from the BIA after October 31, 1996, the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), Pub.L. No. 104-208, 1180 Stat. 3009 (Sept. 30,1996), apply. See Popova v. INS, 273…