Public-domain · open source
OpenJurist

81 F. App'x 157

Quintanar v. Ashcroft

U.S. Courts of Appeals

Decided November 13, 2003

U.S. Courts of Appeals · decided 2003-11-13

Applies 8 U.S.C. § 1105A (§ 106 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Kalaw v. Immigration & Naturalization Service · Anant Ram v. Immigration and Naturalization Service

Decided 2003-11-13

¶1MEMORANDUM…

¶2Maria M. Salcido Quintanar and her two minor children, natives and citizens of Mexico, petition pro se for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s denial of suspension of deportation. Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction pursuant to 8 U.S.C. § 1105a(a). We review constitutional challenges de novo, Ram v. INS, 243 F.3d 510, 517 (9th Cir.2001), and deny the petition.

¶3Petitioners concede that they did not accrue seven years of continuous physical presence before the government served them with an order to show cause, and that they are ineligible for suspension of deportation under the stop-time rule.

¶4We reject petitioners’ equal protection challenge to the application of the stop-time provision because the rule is rationally related to a legitimate government purpose. See id. at 517-18 (rejecting equal protection challenge to application of the stop-time rule, and noting Congressional motivation for enactment).

¶5PETITION DENIED.

¶6 ■pjjjg disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

/81/fappx/157 · .json · Public domain