Allasi v. Ashcroft , 82 F. App'x 838 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-1365
MODESTO SANTIAGO ALLASI,
Petitioner,
versus
JOHN ASHCROFT, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A72-194-363)
Submitted: November 19, 2003 Decided: December 16, 2003
Before LUTTIG, WILLIAMS, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Antoinette J. Rizzi, LAW OFFICES OF ANTOINETTE J. RIZZI, Falls
Church, Virginia, for Petitioner. Peter D. Kiesler, Assistant
Attorney General, David V. Bernal, Assistant Director, Ernesto H.
Molina, Jr., Office of Immigration Litigation, UNITED STATES
DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Modesto Santiago Allasi, a native and citizen of Peru,
petitions for review of an order of the Board of Immigration
Appeals denying his application for adjustment of status. We have
reviewed the administrative record and the Board’s order and
conclude that substantial evidence supports the Board’s finding
that Allasi is statutorily ineligible for the relief sought. See 8
U.S.C. § 1105a(a)(4) (1994);* Matter of Namio, 14 I. & N. Dec. 412,
414 (BIA 1973).
We accordingly deny the petition for review. We dispense with
oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
PETITION DENIED
*
We note that 8 U.S.C. § 1105a(a)(4) was repealed by the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(IIRIRA) effective April 1, 1997. Because this case was in
transition at the time the IIRIRA was passed, 8 U.S.C.
§ 1105a(a)(4) is still applicable here under the terms of the
transitional rules contained in § 309(c) of the IIRIRA.
2