Ferrofino-Castro

Ferrofino-Castro v. Ashcroft

Good Law
111 F. App'x 952
United States Court of Appeals for the Ninth CircuitOctober 26, 2004Nos. 03-71971, 03-71972California269 words

Opinion

Lead Opinion

MEMORANDUM **

Jose and Carla Ferrofino-Castro, natives and citizens of El Salvador, petition for review of the Board of Immigration Appeals’ (“BIA”) decisions summarily affirming an immigration judge’s (“IJ”) denial of their applications for suspension of deportation under the Nicaraguan Adjustment and Central American Relief Act (“NACARA”), Pub.L. No. 105-100, 111 Stat. 2193 (1997). Because deportation proceedings commenced before April 1, 1997, and final orders of deportation were entered after October 30, 1996, the transitional rules of judicial review apply. See Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRI-RA”), Pub.L. No. 104-208, 110 Stat. 3009 (1996); see also Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We dismiss the petition for review.

We lack jurisdiction to review the IJ’s discretionary denial of the Ferrofinos’ applications for suspension of deportation. See Kalaw, 133 F.3d at 1152 (holding that “if the Attorney General decides that an alien’s application for suspension of deportation should not be granted as a matter of discretion ... the BIA’s denial of the alien’s application would be unreviewable under the transitional…

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