Ochoa-Amaya

Ochoa-Amaya v. Holder

Good Law
340 F. App'x 366
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 04-76747California428 words

Opinion

Lead Opinion

MEMORANDUM **

Oscar Ochoa-Amaya, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) deportation order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and review de novo questions of law, Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008). We dismiss in part and deny in part the petition for review.

The IJ did not err in concluding that Ochoa-Amaya was ineligible for both special-rule cancellation of removal under section 203 of the Nicaraguan Adjustment and Central American Relief Act of 1997 (“NACARA”) and suspension of deportation under former 8 U.S.C. § 1254 . See Ortiz v. INS, 179 F.3d 1148 , 1154 n. 7 (9th Cir.1999) (stating that relief under NA-CARA is available only to those who have not been convicted of an aggravated felony); Ram v. INS, 243 F.3d 510, 518 (9th Cir.2001) (under the stop-time rule, an alien’s period of continuous physical presence ends upon the service of a order to show cause). We lack jurisdiction to review the IJ’s…

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