Rogelio Ortiz, Petitioner, v. Immigration and Naturalization Service, Respondent, 139 F.3d 907 (9th Cir. 1998)

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US Court of Appeals for the Ninth Circuit - 139 F.3d 907 (9th Cir. 1998)

Submitted Feb. 9, 1998**.Decided Feb. 23, 1998

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

Before PREGERSON, CANBY and LEAVY, Circuit Judges.


Rogelio Ortiz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' dismissal of his appeal from an immigration judge's decision denying his application for suspension of deportation. Because the BIA's final order of deportation was entered after October 30, 1996, the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") apply. See Kalaw v. INS, No. 97-70106, slip op. 14093, 14098-99 (9th Cir. Dec. 1, 1997). Under IIRIRA § 309(c) (4) (E), we lack jurisdiction to review the BIA's discretionary determination that Ortiz failed to establish extreme hardship. See id. at 14101-03. Accordingly, we dismiss the petition for review.



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