Barkhordarian v. INS ( 1999 )


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  •                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    that this opinion should not be published and is not precedent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, 
    110 Stat. 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.
    

Document Info

Docket Number: 98-60188

Filed Date: 2/24/1999

Precedential Status: Non-Precedential

Modified Date: 4/18/2021