Cabezas-Gonzales v. INS
Cabezas-Gonzales v. INS
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 97-60433 Summary Calendar
FRANCISCO NOEL CABEZAS-GONZALES,
Petitioner,
versus
IMMIGRATION AND NATURALIZATION SERVICE,
Respondent.
- - - - - - - - - - Petition for Review of an Order of the Board of Immigration Appeals A74-159684 - - - - - - - - - - March 2, 1998 Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM:*
Francisco Noel Cabezas-Gonzales (“Cabezas”) petitions this
court to review an order of the Board of Immigration Appeals
(“BIA”) dismissing his appeal seeking reversal of an order of
deportation denying his applications for political asylum,
withholding of deportation, and voluntary departure. We have
reviewed the record and the briefs and determine that the BIA’s
denials of Cabezas’ applications for asylum and withholding of
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. deportation are supported by substantial evidence. See Mikhael
v. INS,
115 F.3d 299, 302(5th Cir. 1997).
The Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (“IIRIRA”),
Pub. L. No. 104-208, 110Stat. 3009, is
applicable to all aliens in proceedings on April 1, 1997, for
whom a final order of deportation was entered more than thirty
days after September 30, 1996. IIRIRA § 309(c)(4)(E); see Eyoum
v. INS,
125 F.3d 889, 891(5th Cir. 1997). Under IIRIRA, this
court lacks the subject-matter jurisdiction to review claims for
discretionary relief, such as voluntary departure. See
8 U.S.C. § 1252(a)(2)(B); Eyoum,
125 F.3d at 891. As the BIA’s final
order of deportation regarding Cabezas was entered in June 6,
1997, we lack subject-matter jurisdiction to review Cabeza’s
appeal regarding voluntary departure.
The petition for review is DENIED.
2
Reference
- Status
- Unpublished