De Castro v. Immigration & Naturalization Service

*949 MEMORANDUM **

Aida De Castro petitions for review of the decision the Board of Immigration Appeal (BIA) to deny her request for a waiver of deportation or voluntary departure under INA § 244(a)(1), 8 U.S.C. § 1254 (a)(1) (repealed 1996). Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, 110 Stat. 3009 (“IIRIRA”), deportation proceedings, such as De Castro’s, initiated prior to April 1, 1997, for which a final order of deportation is issued after October 30, 1996, are subject to the “transitional rules of judicial review.” Kalaw v. INS, 133 F.3d 1147, 1150-51 (9th Cir.1997); IIRIRA § 309(c)(4).

According to these transitional rules, we lack jurisdiction to review the BIA’s decision that De Castro did not establish good moral character under the last sentence of 8 U.S.C. § 1101 (f). Kalaw, 133 F.3d at 1152 ; IIRIRA § 309(c)(4)(E) (“[TJhere shall be no appeal of any discretionary decision under [INA § 244(a)(1), 8 U.S.C. § 1254 (a)(1) ].”). We also lack jurisdiction to review the BIA’s determination that even if De Castro had established statutory eligibility, she would not merit the favorable exercise discretion. Id.;…