Canas-Quintero v. I.N.S.

Full title: Isabel Nohemi CANAS-QUINTERO, Petitioner, v. IMMIGRATION AND…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 16, 2001

4 F. App'x 408 (9th Cir. 2001)

Opinion

4 Fed.Appx. 408 (9th Cir. 2001) Isabel Nohemi CANAS-QUINTERO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 99-70798. INS No. A70-818-520. United States Court of Appeals, Ninth Circuit. February 16, 2001

Argued and Submitted November 2, 2000.

As Corrected March 12, 2001.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Alien petitioned for review of final order of deportation entered by Board of Immigration Appeals (BIA). The Court of Appeals held that transitional stop-time rule of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) applied to alien detained before enactment of IIRIRA.

Petition denied.

Page 409.

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

Before B. FLETCHER, O'SCANNLAIN, and GOULD, Circuit Judges.

MEMORANDUM ^*

* 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 Ninth Circuit Rule 36-3.

Isabel Nohemi Canas-Quintero ("Petitioner") petitions for review of her final order of deportation entered by the Board of Immigration Appeals ("BIA") on June 2, 1999. The facts and prior proceedings are known to the parties; they are not restated herein except as necessary.

Petitioner was served with an order to show cause ("OSC") on September 21, 1995--approximately six years and nine months after she entered the country. On June 12, 1996, the Immigration Judge denied Petitioner's application for suspension of deportation because she had failed to establish extreme hardship and thus was statutorily ineligible for suspension of deportation. On appeal, the BIA did not address the hardship issue because it determined that Petitioner had not accrued the requisite seven years of continuous physical presence before she was served with an OSC and thus was statutorily ineligible for suspension.

Petitioner contends that she was eligible for suspension of deportation and challenges the BIA's decision that the "stop-time rule"--a new continuous physical presence requirement set forth in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 110 Stat. 3009-625 ("IIRIRA")--bars suspension in her case. Petitioner's arguments challenging the application of the stop-time rule are foreclosed by our recent decision in Ram v. INS, No. 99-70918 (9th Cir. filed Feb. 8, 2001).

PETITION DENIED.