Peralta v. I.N.S.

Full title: Juan Cordoba PERALTA, Petitioner, v. IMMIGRATION AND NATURALIZATION…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 2, 2000

208 F.3d 222 (9th Cir. 2000)

Opinion

208 F.3d 222 (9th Cir. 2000) Juan Cordoba PERALTA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 97-70938. United States Court of Appeals, Ninth Circuit February 2, 2000

Submitted January 18, 2000. ²

2 The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

INS No A30-750-077

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

On Petition for Review of an Order of the Board of Immigration Appeals.

Before BEEZER, O'SCANNLAIN, and THOMAS, Circuit Judges.

MEMORANDUM ¹

1 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Juan Peralta-Cordova, a native and citizen of Mexico, petitions for review of a final order of deportation issued by the Board of Immigration Appeals. We dismiss the petition.

Because the final agency order was entered after October 30, 1996, and deportation proceedings were pending before April 1, 1997, this petition is governed by the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act ("IIRIRA"). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). Under the transitional rules, "there shall be no appeal permitted in the case of an alien who is ... deportable by reason of having committed a criminal offense" enumerated in section 241(a)(2)(A)(iii) of the Immigration and Nationality Act ("INA"). IIRIRA § 309(c)(4)(G). Peralta-Cordova is an alien facing deportation for having been convicted of possession of ephedrine with intent to manufacture methamphetamine (21 U.S.C. §§ 841(d)(2), 802(33) and 802(34)(c)), a criminal offense covered by section 241(a)(2)(A)(iii) of the INA. Accordingly, we dismiss this petition for review for lack of jurisdiction. See Maga§a-Pizano v. INS, Nos. 97-15678 and 97-70384, 1999 WL 1249703, at ^*3 (9th Cir. Dec. 27, 1999) (holding that IIRIRA§ 309(c)(4)(G) repealed this court's jurisdiction over petitions for review filed by aliens who are deportable for having committed enumerated criminal offenses, but did not repeal 28 U.S.C. § 2241).

PETITION FOR REVIEW DISMISSED.