Alcocer
Alcocer v. Immigration Naturalization & Services
Opinion
Lead Opinion
Reinhardt, J.
MEMORANDUM **
Abelardo Alcocer petitions for review of the Board of Immigration Appeal’s (BIA’s) decision denying his Motion to Reopen. Alcocer brought the Motion to Reopen after the BIA affirmed the Immigration Judge’s (IJ’s) denial of a suspension of his deportation. Alcocer argued that new circumstances arising between the time the IJ made the initial deportation order and the BIA’s affirming of the same warrant a finding of extreme hardship. We have jurisdiction pursuant to the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). See IIRIRA § 309(c); see also Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997) (stating that deportation cases that were pending as of Apr. 1, 1997 and had final deportation orders issued after Oct. 30, 1996 fall under transitional rules). Under the transitional rules, the Court has jurisdiction to hear Alcocer’s petition for review of the denial of his motion to reopen. Arrozal v. INS, 159 F.3d 429, 432 (9th Cir.1998). We review the BIA’s denial of a motion to reopen for an abuse of discretion. INS v. Doherty, 502 U.S. 314, 323 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992).
*163 Alcocer contends that…