Priola v. Ashcroft

78 F. App'x 241

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 17, 2003
• Docket: 02-2228
• Status: Unpublished

Opinion

PER CURIAM:

Rosario Priola, a native and citizen of Italy, petitions for review of a final order of the Board of Immigration Appeals denying his motion to reopen and reconsider. This case is governed by the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub.L. No. 104-208, 110 Stat. 3009. Upon our review, we conclude that we do not have jurisdiction to consider Priola’s appeal. See IIRIRA § 309(c)(4)(E), (G); Hall v. INS, 167 F.3d 852, 854-56 (4th Cir.1999).

Priola nevertheless raises two constitutional challenges on the grounds of procedural due process and equal protection, contending that they constitute substantial constitutional questions not subject to the jurisdictional bar. Assuming, without deciding, that substantial constitutional questions are indeed reviewable in the context of a petition for review that is otherwise barred, we find that Priola’s challenges do not qualify as such. See Ramtulla v. Ashcroft, 301 F.3d 202, 203-04 (4th Cir.2002), cert. denied, — U.S. ---, 123 S.Ct. 2577, 156 L.Ed.2d 604 (2003).

We accordingly dismiss the petition for review for lack of jurisdiction. We deny Priola’s request to transfer this petition to the district court for consideration as a petition under 28 U.S.C. § 2241 (2000), and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DISMISSED.