Joseph Elian v. John Ashcroft, Attorney General

ORDER

In a case arising under the Illegal Immigration Reform and Immigrant Responsibility Act’s (“IIRIRA”) transitional rules where the Board of Immigration Appeals (“BIA”) granted the alien voluntary departure, we must decide whether the voluntary departure period is stayed by the filing of a petition for review in this court. We find that it is and, accord ingly, deny petitioner’s motion to stay voluntary departure as moot.

I

Joseph Elian is a Christian Palestinian from the West Bank. In 1990, after spending three months in Jordan and acquiring a Jordanian passport, he traveled to the United States on a non-immigrant visa. On or about April 25, 1996, the Immigration and Naturalization Service issued an order to show cause charging Elian with violating the terms of his visa. On October 11, 1996, Elian, represented by counsel, admitted the charge, conceded deport-ability, and filed an application for asylum, withholding of deportation, and protection under the Convention Against Torture. The Immigration Judge (“IJ”) heard Eli-an’s case on September 20, 1999. The IJ denied Elian’s applications for relief, but determined that Elian qualified for voluntary departure. Elian filed a…