Chavez-Navarro

MEMORANDUM **

Artemisa Chavez-Navarro, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ decision dismissing her appeal from an immigration judge’s (“IJ”) denial of her motion to terminate removal proceedings and initiate deportation proceedings and its subsequent removal order. We deny the petition for review.

The permanent rules of the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”) apply to Chavez-Navarro because she was served with a Notice to Appear after April 1, 1997. See Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 597 (9th Cir.2002).

We have jurisdiction to review Chavez-Navarro’s contention that application of IIRIRA’s permanent rules to her is imper-missibly retroactive and review de novo. Id. at 599 . Because petitioner had no settled expectation that her asylum application would either be accepted or referred to immigration court proceedings before April 1, 1997, application of the permanent rules to Chavez-Navarro was not impermissibly retroactive. See id. at 602 (where petitioner presented herself to the Immigration and Naturalization Service (“INS”) before April 1, 1997, her “expectation” that…