Bayona

MEMORANDUM *

Ricardo Yorac Bayona, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’s (BIA) denial of his application for suspension of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), as amended by the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), and we deny the petition.

I

Before the enactment of IIRIRA, under INA § 244(a)(1), 8 U.S.C. § 1254 (a)(1) (1994) (repealed 1996), an applicant “would be eligible for suspension [of deportation] if (1) the applicant had been physically present in the United States for a continuous period of not less than seven years immediately preceding the date of the application for suspension of deportation; (2) the applicant was a person of good moral character; and (3) deportation would result in extreme hardship to the alien or to an immediate family member who was a United States citizen or a lawful permanent resident.” Ramirez-Alejandre v. Ashcroft, 319 F.3d 365, 370 (9th Cir.2003) (en banc). However IIRIRA’s “stop-time” provision — which terminates physical presence accrual for purposes of cancellation of removal or…