Acosta-Hernandez v. INS

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-60637
Summary Calendar
SERGIO ACOSTA-HERNANDEZ,
Petitioner,
versus
IMMIGRATION AND NATURALIZATION
SERVICE,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
A93 216 844
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February 12, 1999
Before DAVIS, DUHE’, and PARKER, Circuit Judges.
PER CURIAM:*
Sergio Acosta-Hernandez seeks review of the Board of
Immigration Appeals’ (BIA’s) order denying him discretionary
relief from a final order of exclusion. He asserts that, in
declining to grant him such relief, the Board failed to attach
appropriate weight to his positive attributes and erroneously
placed too great an emphasis on his conviction for possession of
marihuana with intent to distribute.
*
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that this opinion should not be published and is not precedent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. 97-60637
-2-
Because Acosta’s exclusion proceedings were pending as of
the effective date of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA) but a final order
was not entered until after September 30, 1996, the IIRIRA’s
transitional rules apply to his case. See Lerma de Garcia v.
INS, 141 F.3d 215, 216 (5th Cir. 1998). As a result, this court
is without jurisdiction to hear any appeal from the order of
exclusion or from the Board’s denial of discretionary relief from
this order. See IIRIRA § 309(c)(4)(E) & (G) (codified at 8
U.S.C. § 1101 (Supp. 1998)). Accordingly, this appeal is
DISMISSED.