F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
APR 20 1999
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
KILSON FLORES, also known
as Kilson Elkins,
Petitioner,
v. No. 99-9509
(INS No. A 27-653-117)
IMMIGRATION &
NATURALIZATION SERVICE,
Respondent.
ORDER AND JUDGMENT *
Before BALDOCK, EBEL, and BRISCOE, Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
Petitioner moves for a stay of deportation pending petition for review.
This case is governed by the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA), enacted on September 30, 1996. Because
petitioner’s exclusion proceedings began before April 1, 1997, and the final order
of exclusion was entered more than thirty days after IIRIRA’s date of enactment,
IIRIRA’s transitional rules apply. See Berehe v. INS , 114 F.3d 159, 161
(10th Cir. 1997).
Petitioner was found excludable because she had no valid immigrant visa
and because she had committed a controlled substance violation. “IIRIRA’s
transitional rules . . . clearly and unambiguously state that, ‘there shall be no
appeal permitted’ in the case of an alien who is deportable by reason of
committing one of the enumerated crimes” in IIRIRA § 309(c)(4)(G). Id.
We lack jurisdiction to review the merits of whether petitioner is validly
excludable. See id.
The petition for review and motion for stay are DISMISSED.
ENTERED FOR THE COURT
PER CURIAM
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