Ruiz-Ruiz v. Ashcroft ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-60232
Summary Calendar
MIGUEL ANGEL RUIZ-RUIZ, also known as
Miguel Angel Ruiz,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A75 224 615
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December 16, 2002
Before DAVIS, WIENER and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Miguel Angel Ruiz-Ruiz petitions this court for review of
the Board of Immigration Appeals’ (“BIA”) decision affirming the
Immigration Judge’s order denying Ruiz’ application for
cancellation of removal pursuant to 8 U.S.C. § 1229b(b)(1) and
dismissing his appeal. Ruiz contends that the BIA erred by not
considering factors relevant to whether he satisfied the
*
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that this opinion should not be published and is not precedent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. 02-60232
-2-
“exceptional and extremely unusual hardship” requirement of
8 U.S.C. § 1229b(b)(1)(D).
The Illegal Immigration Reform and Immigrant Responsibility
Act’s (IIRIRA) restrictions on judicial review apply to cases in
which removal proceedings were commenced on or after April 1,
1997, the effective date of the IIRIRA. See DeLeon-Holguin v.
Ashcroft, 253 F.3d 811, 813 (5th Cir. 2001). Under the IIRIRA,
we lack subject matter jurisdiction to review claims for
discretionary relief, such as cancellation of removal. See
8 U.S.C. § 1252 (a)(2)(B)(i); Eyoum v. INS, 125 F.3d 889, 891
(5th Cir. 1997). Because Ruiz’ case was commenced in June 1997,
after the effective date of the IIRIRA, we lack subject matter
jurisdiction over this appeal.
The petition for review is DISMISSED FOR LACK OF
JURISDICTION.