Matian v. Mukasey

Ninth Circuit

Matian v. Mukasey

262 F. App'x 753

CourtCourt of Appeals for the Ninth Circuit

DecidedDecember 28, 2007

DocketNo. 05-77276

StatusPublished

This text of 262 F. App'x 753 (Matian v. Mukasey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Matian v. Mukasey, 262 F. App'x 753 (9th Cir. 2007).

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Opinion

MEMORANDUM

**

Kamal Matian, a native and citizen of Iran, petitions for review of an order of the [754]*754Board of Immigration Appeals dismissing his appeal from an immigration judge’s deportation order, which denied all relief except protection under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252, Femandez-Ruiz v. Gonzales, 468 F.3d 1159, 1163 (9th Cir.2006), and we deny the petition for review.

Matian’s sole contention, that he is eligible for relief under former § 212(c), is foreclosed by Armendariz-Montoya v. Sonchik, 291 F.3d 1116, 1121-22 (9th Cir. 2002) (holding that aliens who “pleaded not guilty and elected a jury trial ... [are] barred from seeking § 212(c) relief’). See also Saravia-Paguada v. Gonzales, 488 F.3d 1122, 1131-34 (9th Cir.2007).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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MEMORANDUM

**

Kamal Matian, a native and citizen of Iran, petitions for review of an order of the [754]*754Board of Immigration Appeals dismissing his appeal from an immigration judge’s deportation order, which denied all relief except protection under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252, Femandez-Ruiz v. Gonzales, 468 F.3d 1159, 1163 (9th Cir.2006), and we deny the petition for review.

Matian’s sole contention, that he is eligible for relief under former § 212(c), is foreclosed by Armendariz-Montoya v. Sonchik, 291 F.3d 1116, 1121-22 (9th Cir. 2002) (holding that aliens who “pleaded not guilty and elected a jury trial ... [are] barred from seeking § 212(c) relief’). See also Saravia-Paguada v. Gonzales, 488 F.3d 1122, 1131-34 (9th Cir.2007).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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262 F. App'x 753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matian-v-mukasey-ca9-2007.

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