Rojas-Gonzalez
Rojas-Gonzalez v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Pedro Rojas-Gonzalez, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals affirming an immigration judge’s decision finding him removable pursuant to 8 U.S.C. § 1182 (a)(6)(A)© and granting him voluntary departure. Rojas-Gonzalez contends that the government improperly placed him in removal proceedings and that, instead, he should have been placed in deportation proceedings under the law as it existed prior to enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), 110 Stat. 3009 -625. We have jurisdiction pursuant to 8 U.S.C. § 1252©). We review de novo, Cortez-Felipe v. INS, 245 F.3d 1054, 1056 (9th Cir.2001), and deny the petition.
Rojas-Gonzalez’s contention is foreclosed by our decision in Cortez-Felipe. See id. at 1056-57 (holding that petitioner was properly placed in removal proceedings where the government served her with an order to show cause before IIRIRA’s effective date but did not file it with the immigration court and subsequently served and filed a notice to appear after IIRIRA’s effective date).