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