Lata

Lata v. Ashcroft

Good Law
117 F. App'x 525
United States Court of Appeals for the Ninth CircuitDecember 1, 2004No. 03-72355; Agency No. A42-687-739California1,031 words

Opinion

Lead Opinion

*526 MEMORANDUM *

Shrun Lata petitions this court for review of the decision of the Board of Immigration Appeals (“BIA”) denying her application for a hardship waiver under section 216 of the Immigration and Naturalization Act (“INA”). See 8 U.S.C. §§ 1186a(a)(l) and (c)(4)(C). Such a waiver would allow her to seek removal of the condition on her permanent resident status without jointly filing a petition with her former husband, Christopher McVey. See id. §§ 1186a(c)(l) and (4)(C). The BIA affirmed the Immigration Judge’s (“IJ”) denial of Lata’s application without opinion in a final administrative order on May 23, 2003, pursuant to its streamlining regulations. 8 C.F.R. § 1003.1 (e)(4). Because Lata’s proceedings commenced before April 1, 1997, and did not result in a final order of deportation or exclusion entered on or before October 30, 1996, we have jurisdiction under the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), 8 U.S.C. § 1105a (1996), as amended by IIRIRA § 309(c)(4), see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), and we deny the petition.

The BIA adopted the decision of the IJ, so we review the…

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