Molina-Valladares

MEMORANDUM **

Eudez Molina-Valladares petitions for review of the Board of Immigration Appeals’ (“BIA’s”) decision that he is statutorily ineligible for withholding of deportation and asylum under former 8 U.S.C. §§ 1253 (h) and 1158 and its denial of voluntary departure under former 8 U.S.C. § 1254 (e). We have jurisdiction to review the BIA’s withholding of deportation and asylum decisions pursuant to 8 U.S.C. § 1105a(a), as modified by the transitional rules established in section 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). 1 Because the Immigration Judge (“IJ”) and the BIA, by adoption, recognized and exercised their discretion to deny voluntary departure, however, we lack jurisdiction to review that decision. IIRIRA § 309(c)(4)(E); see also Beltran-Tirado v. INS, 213 F.3d 1179, 1182 (9th Cir.2000); Antonio-Cruz v. INS, 147 F.3d 1129, 1130 (9th Cir.1998).

An alien is ineligible for withholding of deportation and asylum if found to have “ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social *33 group, or political…