Ali v. INS

* Pursuant to 5th Cir. Rule 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that this opinion should not be published and is not precedent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. Rule
47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 97-60331
Summary Calendar
__________________
ABDUSSALAM MAHMOUD ALI,
Petitioner,
VERSUS
IMMIGRATION AND NATURALIZATION SERVICE,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A70 524 993
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September 6, 2000
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Abdussalam Mahmoud Ali’s petition for review of the Board of
Immigration Appeals’(BIA) order reversing the immigration judge’s
grant of a suspension of deportation is DENIED. Ali argues that
the BIA erred by applying the interim rules of the Illegal
Immigration Reform and Immigration Responsibility Act (IIRIRA) in
determining that he did not meet the seven-year physical-presence
requirement for the suspension of deportation. See IIRIRA §

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No. 97-60331
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309(c)(5)(a), as amended by NACARA § 203(1)(1). He also argues
that retroactive application of § 309(c)(5) violates his
constitutional rights.
This court reviews the BIA’s legal determinations de novo.
See Carbajal-Gonzalez v. INS, 78 F.3d 194, 197 (5th Cir. 1996).
Ali’s constitutional challenge to the application of § 309(c)(5) is
foreclosed by this court’s recent decision in Gonzalez-Torres v.
INS, 213 F.3d 899 (5th Cir. 2000). Ali’s contention that the
IIRIRA is inapplicable to his situation likewise is without merit.
The immigration judge’s grant of the suspension of deportation was
not a final decision by the BIA. See 8 C.F.R. § 3.39.
PETITION DENIED.

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