Rosas-Robles

Rosas-Robles v. Gonzales

Good Law
163 F. App'x 468
United States Court of Appeals for the Ninth CircuitJanuary 6, 2006No. 04-17070; D.C. No. CV-03-05143-SICalifornia588 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Maria Elba Rosas-Robles appeals the district court’s order denying her petition for writ of habeas corpus under 28 U.S.C. § 2241 . Rosas-Robles contends that she should be eligible for a deporta *469 tion waiver under the former version of § 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (c).

Because Rosas-Robles’s habeas petition was pending before this court when the REAL ID Act of 2005 eliminated our habeas jurisdiction, 8 U.S.C. § 1252 (a)(5), we treat her petition as a timely filed petition for review. Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1052-53 (9th Cir.2005). We affirm.

Because the parties are familiar with the facts, we recount them here only as necessary to explain our disposition.

Rosas-Robles was a lawful permanent resident of the United States when she pleaded guilty on December 1,1999, to one count of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846 . The indictment detailed overt acts of the co-conspirators that took place between January 25, 1996, and May 18, 1996. The last time Rosas-Robles’s acts were mentioned in the indictment was in connection with events that took place on April 17, 1996.…

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