Paez-Perez
Paez-Perez v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM ***
Gabriel Paez-Perez (“petitioner”) appeals the Board of Immigration Appeals’ denial of his motion to reopen deportation proceedings, on the ground that he is entitled to discretionary relief from deportation pursuant to § 212(c) of the Immigration and Nationality Act (“INA”). Since petitioner was an alien deportable by reason of having committed a criminal offense enumerated in § 309(c)(4)(G) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), we dismiss his petition for lack of jurisdiction.
The interim transitional rules of the IIRIRA govern immigration proceedings initiated by the Immigration and Naturalization Service (“INS”) before April 1, 1997, in which a final order of deportation *607 was issued after October 30, 1996. Magana-Pizano v. INS, 200 F.3d 603, 607 (9th Cir.1999). Deportation proceedings were initiated against petitioner on January 23, 1997, and the final order of deportation was issued against him on December 13, 2000. Thus, the interim transitional rules apply.
Section 309(c)(4)(G) of the IIRIRA provides that “there shall be no appeal permitted in the case of an alien who is ... deportable by reason of having…