Ayed
Ayed v. Immigration Naturalization & Services
Opinion
Lead Opinion
MEMORANDUM ***
Contending that the Board of Immigration Appeals (“BIA”) applied the stop-time rule under the Illegal Immigration Reform Act and Immigrant Responsibility Act of 1996 (“IIRIRA”) in an unauthorized retroactive manner, Emil Ayed petitions for review of the BIA denial of his application for suspension of deportation. Because our decision in Ram v. INS, 243 F.3d 510 (9th Cir.2001), makes it clear that application of the stop-time rule to Ayed was proper, given Congress’ unambiguous intent to apply that rule retroactively, we deny the petition for review.
In Ram , the INS served aliens with Orders to Show Cause (“OSC”) in May 1988, charging them with being deporta-ble. Id. at 512 . The Immigration Judge (“U”) found them deportable and denied their petitions for asylum and withholding of deportation. Id. After exhausting their administrative appeals, the aliens then petitioned for review to this court, and we denied their petition on January 12, 1995. Id. Claiming that suspension of deportation was appropriate because they had attained seven years of continuous physical presence since their deportation proceedings had commenced, the aliens in Ram had asked the BIA to…