Castro-Talavera
Castro-Talavera v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Raymundo Castro-Talavera, Maria Teresa Castro-Zapata, and Jonathan Castro-Zapata (“the Petitioners”), natives and citizens of Mexico, petition for review of a decision of the Board of Immigration Appeals (“BIA”) upholding an Immigration Judge’s (“IJ”) discretionary determination finding them ineligible for suspension of deportation pursuant to former section 244(a)(1) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1254 (a)(1) (1994) (repealed). The Petitioners also seek review on the ground that the IJ conducted the hearing in a manner that violated their right to due process. Finally, the Petitioners request attorneys’ fees pursuant to 28 U.S.C. § 2412 (b). For the reasons set forth, we deny the petition.
Jurisdiction in this case falls under the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208, 110 Stat. 3009-546 (1996) (“IIRIRA”), because (1) immigration proceedings were initiated before IIRIRA’s effective date of April 1, 1997 and (2) the BIA’s final order of deportation was issued after October 30, 1996. See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997).