Ro Yan, Petitioner, v. Immigration and Naturalization Service, Respondent, 110 F.3d 72 (9th Cir. 1997)

Annotate this Case
US Court of Appeals for the Ninth Circuit - 110 F.3d 72 (9th Cir. 1997) Submitted March 18, 1997. *Decided March 20, 1997

Before: GOODWIN, WIGGINS, NOONAN, Circuit Judges.


MEMORANDUM** 

Petitioner Yan appeals a decision of the Board of Immigration Appeals ruling him ineligible for asylum and withholding of deportation. This court has an independent duty to determine its own jurisdiction. Reynaga v. Cammisa, 971 F.2d 414, 417 (9th Cir. 1992). After this appeal was filed, Congress amended 8 U.S.C. § 1105a(a) (10) to remove this court's jurisdiction to review final orders of deportation against aliens who were convicted of certain offenses, including those covered under 8 U.S.C. § 1251(a) (2) (C) such as for the possession or use of firearms. The amended statute applies even though it became law while Yan's appeal was pending before this court. Duldulao v. I.N.S., 90 F.3d 396, 398-399 (9th Cir. 1996). Accordingly, this appeal is DISMISSED for lack of subject-matter jurisdiction.

 *

The panel finds this case appropriate for submission without argument pursuant to Fed. R. App. P. 34(a) and 9th Cir.R. 34-4

 **

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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.