Mario Rocael Sontay, Petitioner, v. Immigration and Naturalization Service, Respondent, 142 F.3d 445 (9th Cir. 1998)

MEMORANDUM^* 

Mario Rocael Sontay, a native and citizen of Guatemala, petitions for review from the Board of Immigration Appeals' (BIA) decision affirming the order of the Immigration Judge which found Sontay deportable and denied his request for suspension of deportation under section 244(a) of the Immigration and Nationality Act, 8 U.S.C. § 1254(a).

Because the BIA's final order of deportation was entered on February 23, 1997, the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) apply. See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir. 1997). The BIA determined in its discretion that Sontay failed to demonstrate extreme hardship. We therefore lack jurisdiction to review the BIA's findings. See IIRIRA § 309(c) (4) (E); Kalaw, 133 F.3d at 1152.

Sontay arrived in the United States prior to September 9, 1990, and therefore, he may be entitled to relief under the Nicaraguan Adjustment and Central American Relief Act of 1997. Pub. L. No. 105-100, 11 Stat. 2160 (Nov. 19, 1997), as amended by Act of Dec. 2, 1997, Pub. L. No. 105-139, 11 Stat. 2644. See Aguilar Escobar v. INS, 136 F.3d 1240, 1241 (9th Cir. 1998). Because of the possibility that he may qualify, in a proper application, for a remedy under the 1997 Act, we will stay our mandate for ninety days. See id. If Sontay applies for relief under the 1997 Act within 90 days from the date this disposition is filed, the stay will continue until his application is disposed of. If no timely application is made, the petition will be denied and the mandate will be filed on July 20, 1998.

DISMISSED. MANDATE STAYED.