Thomas

Thomas v. Immigration & Naturalization Services

Good Law
48 F. App'x 693
United States Court of Appeals for the Ninth CircuitOctober 15, 2002Nos. 01-71136, 01-71760; INS No. A36-812-665California370 words

Opinion

Lead Opinion

MEMORANDUM **

Murray Brathwaite Thomas petitions for review of the Immigration and Naturalization Service’s decisions to deny his motions to reopen and reconsider before the Board of Immigration Appeals (BIA). We deny Thomas’s petition for review.

We have jurisdiction pursuant to former Section 106(a) of the Immigration and Naturalization Act, 8 U.S.C. § 1105a(a) as amended by the transitional rules in Section 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. No. 104-208, 110 Stat. 3009-546 (Sept. 30, 1996), as amended by the Extension of Stay in United States for Nurses Act, Pub. L. No. 104-302, 110 Stat. 3656 (Oct. 11, 1996). IIRIRA’s transitional rules apply because the BIA disposed of this case after October 31, 1996, and these proceedings began prior to April 1, 1997. Kalaw v. INS, 133 F.3d 1147, 1149-50 (9th Cir.1997).

This court reviews BIA denials of motions to reopen and motions to reconsider for an abuse of discretion. Celis-Castellano v. Ashcroft, 298 F.3d 888, 890-91 (9th Cir.2002); Padilla-Agustin v. INS, 21 F.3d 970, 973 (9th Cir.1994); INS v. Doherty, 502 U.S. 314, 324 , 112 S.Ct. 719 , 116 L.Ed.2d 823…

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