Arambula-Ruiz

Arambula-Ruiz v. Ashcroft

Good Law
114 F. App'x 340
United States Court of Appeals for the Ninth CircuitDecember 2, 2004No. 03-71347, A74-222-088; Agency No. A74-222-088California286 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Jesus Arambula-Ruiz petitions for review of the Board of Immigration Appeals’ (BIA) decision to deny his motion to reopen. We lack jurisdiction over Petitioner’s removal order because the government has established, and Petitioner has conceded, that he is 1) an alien, 2) who is inadmissible or deportable, 3) by reason of having committed a criminal offense listed in former INA section 241(a)(2)(B) or (C), codified at 8 U.S.C. § 1251 (a)(2)(B)-(C) (1994) (current version at INA § 237(a)(2)(B)-(C) (codified at 8 U.S.C. § 1227 (a)(2)(B)-(C) (2000))). IIRIRA § 309(c)(4)(G), Pub. L. No. 104-208, 110 Stat. 3009 (Sept. 30, 1996); Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir.2000).

If we lack jurisdiction over the removal order issued under former INA

§ 241(a)(2), we also lack jurisdiction over *341 the BIA’s denial of Petitioner’s motion to reopen because we must treat that denial as an order under former § 241(a)(2) as well. Sarmadi v. INS, 121 F.3d 1319, 1320-22 (9th Cir.1997) (explaining that “where Congress explicitly withdraws our jurisdiction to review a final order of deportation, our authority to review motions to reconsider or to reopen…

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