Barkhordarian v. INS
Barkhordarian v. INS
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 98-60188 Summary Calendar
KAZEM BARKHORDARIAN,
Petitioner,
versus
IMMIGRATION AND NATURALIZATION SERVICE,
Respondent.
- - - - - - - - - - Petition for Review of an Order of the Board of Immigration Appeals A73-712-546 - - - - - - - - - -
February 15, 1999
Before DAVIS, DUHE’, and PARKER, Circuit Judges.
PER CURIAM:*
Kazem Barkhordarian 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 Barkhordarian’s
applications for asylum and withholding of deportation are
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 98-60188 -2-
supported by substantial evidence. Faddoul v. INS,
37 F.3d 185, 188(5th Cir. at 1994).
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); Eyoum v.
INS,
125 F.3d 889, 891(5th Cir. 1997). Under IIRIRA, this court
lacks 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. Because the BIA’s
final order of deportation was entered on March 13, 1998, we lack
subject-matter jurisdiction to review Barkhordarian’s appeal
regarding voluntary departure.
The petition for review is DENIED.
Reference
- Status
- Unpublished