IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-60118 Summary Calendar

YOUSEF MICHAEL AZIZEH,

Petitioner,

versus

IMMIGRATION AND NATURALIZATION SERVICE,

Respondent.

-------------------- Petition for Review of an Order of the Board of Immigration Appeals BIA No. A72 454 034 -------------------- November 4, 2002

Before DAVIS, WIENER and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Yousef Michael Azizeh petitions for review of the final

order of the Board of Immigration Appeals dismissing his appeal

from the Immigration Judge’s order denying his motion to reopen

deportation proceedings. Because Azizeh’s deportation

proceedings commenced prior the general effective date of the

Illegal Immigration Reform and Immigrant Responsibility Act,

Stat. 3009 (1996) (“IIRIRA”), and concluded

more than thirty days after its passage on September 30, 1996,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-60118 -2-

this case is governed by the “transitional rules” in IIRIRA

§ 309. See Lerma de Garcia v. INS,

(5th Cir.

1998). Because Azizeh has committed a criminal offense which

renders him inadmissible under § 212(a)(2) of the Immigration and

Nationality Act, this court does not have jurisdiction under

IIRIRA § 309(c)(4)(G). See id.; see also Lopez-Elias v. Reno,

, 293 & n.11 (5th Cir. 2000) (construing similar

provision in IIRIRA permanent rules).

Azizeh contends that his right to due process was violated

because his counsel rendered ineffective assistance resulting in

entry of the deportation order in absentia. Although the court

has jurisdiction to consider constitutional claims in habeas, it

does not have jurisdiction to do so on direct review. See Lerma

de Garcia,

; see also Requena-Rodriguez v.

Pasquarell,

(5th Cir. 1999) (habeas

jurisdiction retained). Because the court does not have

jurisdiction, the petition for review must be dismissed.

PETITION FOR REVIEW DISMISSED.