Opinion · Court of Appeals for the Ninth Circuit

Abdel-Razek v. Immigration & Naturalization Service

114 F.3d 831

Type: Opinion
Court: Court of Appeals for the Ninth Circuit
Jurisdiction: Federal
Date: 1997-06-05
Topic: general

How later courts describe this case

holding that jurisdictional bar of AEDPA § 440(a) is not dependent upon the final order of removal referring to one of the provision's enumerated offenses
holding that “[t]he fact that the BIA did not issue its order with reference to [section 1251 (a) (2) (A) (iii), now section 1227(a)(2)(A)(iii), dealing with aggravated felonies] does not alter petitioner’s status as a convicted felon for purposes of the availability'of judicial review”

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Cited by: 14 opinions

ABDEL-RAZEK v. IMMIGRATION NAT. SERV.,114 F.3d 831(9th Cir. 1997)

TAREK MOHAMMED ABDEL-RAZEK, a.k.a. Parek Mohammed Abdelrazer, Petitioner,

v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

No. 95-70395

United States Court of Appeals, Ninth Circuit.

Submitted November 7, 1996^fn*— Pasadena, California.

Memorandum Filed April 16, 1997

Order and Opinion Filed June 5, 1997

Petition to Review a Decision of the Immigration and Naturalization Service.

INS No. A71-953-257.

Before: Ferdinand F. Fernandez and Michael Daly Hawkins, Circuit Judges, and William W Schwarzer,^fn**Senior District Judge.Page 832

[1] OPINION

SCHWARZER, District Judge:

[2] Tarek Mohammed Abdel-Razek petitions for review of the decision of the Board of Immigration Appeals ("BIA") denying petitioner's application for a waiver under section 212(h) of the Immigration and Nationality Act ("INA"),8 U.S.C. § 1182(h), and ordering deportation. Petitioner came to the United States as a student visitor in 1985. Seven months later, he was arrested for stabbing a man to death. He pled guilty to voluntary manslaughter in 1989, and was sentenced to eleven years in prison. In 1994 deportation proceedings were initiated based on his manslaughter conviction. On May 1, 1995, the BIA ordered petitioner deported. On October 6, 1995, petitioner filed his petition in this court.

[3] On April 24, 1996, the President signed into law the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"). Title IV of the Act amends the INA in various respects, including judicial review of orders of deportation. We held in Duldulao v. INS,90 F.3d 396,398-99(9th Cir. 1996) (petition for reh'g pending), that the effect of the AEDPA is to withdraw the jurisdiction of the courts of appeals to consider petitions filed prior to the AEDPA's enactment.

[4] [1] Section 440(a) of the AEDPA amends8 U.S.C. § 1105a(a)(10) to read as follows:

Any final order of deportation against an alien who is deportable by reason of having committed a criminal offense covered in section 1251(a)(2)(A)(iii), (B), (C), or (D) of this title, . . . shall not be subject to review by any court.

[5] [2] Petitioner was convicted of manslaughter for stabbing a man to death. That offense makes him deportable under section 1251(a)(2)(A)(iii). The fact that the BIA did not issue its order with reference to that section does not alter petitioner's status as a convicted felon for purposes of the availability of judicial review. We therefore lack jurisdiction.

[6] The petition is DISMISSED.

[7] ORDER

[8] The memorandum disposition filed April 16, 1997, is redesignated as an authored opinion by Judge William W Schwarzer.

The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P.34(a) and 9th Cir. R. 34-4. ↩
Honorable William W Schwarzer, Senior United States District Judge for the Northern District of California, sitting by designation. ↩