Guerrero-Acosta

MEMORANDUM ***

Andres Guerrero-Acosta petitions for review of two final deportation orders issued by the Board of Immigration Appeals (“BIA”) on February 10, 2003 (denying suspension of deportation), and November 20, 2003 (denying motion to reopen).

The BIA did not abuse its discretion when it denied Guerrero-Aeosta’s motion to reopen on the ground that he did not fall within the class established by the settlement agreement approved in Barahona-Gomez v. Ashcroft, 243 F.Supp.2d 1029 (N.D.Cal.2002). As the BIA concluded, Guerrero-Acosta did not qualify as a member of the Barahona-Gomez class because he neither had, nor was scheduled for, an individual hearing on the merits until November 5, 1997. The date of this hearing put Guerrero-Acosta outside the class definition. See 68 Fed. Reg. 13727 -02 (Mar. 20, 2003).

The stop-time rule under the Illegal Immigrant Reform and Immigrant Responsibility Act (“IIRIRA”) § 309(c)(5) did not violate Guerrero-Acosta’s due process rights. This argument is foreclosed by Ram v. INS, 243 F.3d 510, 517 (9th Cir.2001). Guerrero-Acosta asks this court to reconsider or distinguish Ram , which held that the amendment to IIRIRA § 309(c)(5) applies…