Alcantar

Alcantar v. Gonzales

Good Law
123 F. App'x 301
United States Court of Appeals for the Ninth CircuitFebruary 22, 2005No. 03-73870California453 words

Opinion

Lead Opinion

MEMORANDUM ***

Marilu Baltazar Alcantar (“Baltazar”) petitions for review of a final order of the Board of Immigration Appeals (BIA) denying her request for suspension of deportation. We deny the petition for review.

Baltazar, a native and citizen of Mexico, seeks to establish her eligibility for suspension of deportation based on seven years of continuous residency in the United States, good moral character, and hardship to herself or a qualifying relative. She is entitled to pursue this relief because deportation proceedings were commenced against her prior to the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IRRIRA). See Baltazar-Alcazar v. INS, 386 F.3d 940 , 944-45 n. 1 (9th Cir.2004). She is subject, however, to IRRIRA’s transitional rules, including one that “changed the end-date ... for measuring the time an applicant was physically present in the United States.” See Alcaraz v. INS, 384 F.3d 1150, 1153 (9th Cir.2004). Applying that rule, Baltazar was required to demonstrate that she entered the United States on or prior to March 25,1990.

The IJ determined that Baltazar’s claim that she entered the United States on March 22,…

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