Fuentes Coronado v. Holder

MEMORANDUM **

Henry Estuardo Fuentes Coronado, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing an immigration judge’s (“IJ”) decision denying his application for relief under the Nicaraguan Adjustment and Central American Relief Act of 1997 (“NACARA”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo due process claims and questions of law. Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s determination that Fuentes Coronado did not establish eligibility for NA-CARA relief. See Illegal Immigration Reform and Immigrant Responsibility Act of 1996, § 309(c)(5)(C)(ii).

Contrary to Fuentes Coronado’s contention, the Illegal Immigration Reform and Immigrant Responsibility Act § 309(c)(5) stop-time provision applies to his case, and the BIA therefore did not err in finding him ineligible for traditional suspension of deportation where he lacked the requisite continuous physical presence. See Ram v. INS, 243 F.3d 510, 518 (9th Cir.2001) (“Congress did not intend for aliens to…