Abdel-Razek v. Immigr. & Naturalization Serv., 114 F.3d 831 (9th Cir. 1997). · Go Syfert
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Abdel-Razek v. Immigr. & Naturalization Serv., 114 F.3d 831 (9th Cir. 1997). Cases Citing This Book View Copy Cite
17 citation events (4 in the last 25 years) across 7 distinct courts.
Strongest positive: Malachy McAllister Mark J. McAllister Sarah B. McAllister Paul Gary McAllister Nicola McAllister Sean R. McAllister v. Attorney General of the United States, Nicola McAllister Sean R. McAllister v. Attorney General of the United States (ca3, 2006-04-10)
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Malachy McAllister Mark J. McAllister Sarah B. McAllister Paul Gary McAllister Nicola McAllister Sean R. McAllister v. Attorney General of the United States, Nicola McAllister Sean R. McAllister v. Attorney General of the United States
3rd Cir. · 2006 · confidence medium
See Fernandez-Bernal v. Attorney General, 257 F.3d 1304, 1310 (11th Cir.2001) (holding that jurisdictional bar of subsection (C) is not dependent upon the grounds of removal being based on one of the enumerated offenses); Lopez-Elias v. Reno, 209 F.3d 788, 793 (5th Cir.2000) (same); Abdel-Razek v. INS, 114 F.3d 831, 832 (9th Cir. 1997) (holding that jurisdictional bar of AEDPA § 440(a) is not dependent upon the final order of removal referring to one of the provision's enumerated offenses) Other courts, however, have required the final order of removal to be based on one of the enumerated off…
discussed Cited as authority (rule) McAllister v. Attorney General of United States
3rd Cir. · 2006 · confidence medium
See Fernandez-Bernal v. Attorney General, 257 F.3d 1304, 1310 (11th Cir.2001) (holding that jurisdictional bar of subsection (C) is not dependent upon the grounds of removal being based on one of the enumerated offenses); Lopez-Elias v. Reno, 209 F.3d 788, 793 (5th Cir.2000) (same); Abdel-Ra *184 zek v, INS, 114 F.3d 831, 832 (9th Cir.1997) (holding that jurisdictional -bar of AEDPÁ § 440(a) is not dependent upon the final order of removal referring to one of the provision’s enumerated offenses) Other courts, however, have required the final order of removal to ‘be based on one of the en…
cited Cited as authority (rule) Mohammad Musa Yousefi v. U.S. Immigration & Naturalization Service
4th Cir. · 2001 · confidence medium
See Lopez-Elias v. Reno, 209 F.3d 788, 793 (5th Cir. 2000), cert. denied, 121 S. Ct. 757 (2001); Abdel-Razek v. INS, 114 F.3d 831, 832 (9th Cir. 1997).
cited Cited as authority (rule) Yousefi v. U.S. Immigration & Naturalization Service
4th Cir. · 2001 · confidence medium
See Lopez-Elias v. Reno, 209 F.3d 788, 793 (5th Cir.2000), cert. denied, 531 U.S. 1069 , 121 S.Ct. 757 , 148 L.Ed.2d 660 (2001); Abdel-Razek v. INS, 114 F.3d 831, 832 (9th Cir.1997).
cited Cited as authority (rule) Garcia-Guzman v. Reno
N.D. Cal. · 1999 · confidence medium
Cf. Coronado-Durazo v. INS, 123 F.3d 1322, 1323 (9th Cir.1997); Valderrama-Fonseca v. INS, 116 F.3d 853, 855 (9th Cir.1997); Abdel-Razek v. INS, 114 F.3d 831, 832 (9th Cir.1997). 3 .
discussed Cited as authority (rule) Chue Xiong v. Immigration and Naturalization Service (2×)
7th Cir. · 1999 · confidence medium
Mendez-Morales, 119 F.3d 738 , and Abdeh-Razek v. I.N.S., 114 F.3d 831, 832 (9th Cir.1997), which do not discuss the due process implications of substituting deportation grounds late in the process, do not persuade us to the contrary.
discussed Cited as authority (rule) FORTIZ (2×)
unknown court · 1998 · confidence medium
Mendez-Morales v. INS, 119 F.3d 738, 739 (8th Cir. 1997); Abdel-Razek v. INS, 114 F.3d 831, 832 (9th Cir. 1997).
cited Cited as authority (rule) Santiago VALDERRAMA-FONSECA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent
9th Cir. · 1997 · confidence medium
Abdel-Razek v. INS, 114 F.3d 831, 832 (9th Cir.1997).
discussed Cited "see" Lopez-Elias v. Reno
5th Cir. · 2000 · signal: see · confidence high
See Abdel-Razek v. INS, 114 F.3d 831, 832 (9th Cir.1997) (“The fact that the BIA did not issue its order with reference to that section does not alter petitioner’s status as a convicted felon for purposes of the availability of judicial review.
cited Cited "see" Jose N. Briseno v. Immigration and Naturalization Service
9th Cir. · 1999 · signal: see · confidence high
See Abdel-Razek v. INS, 114 F.3d 831, 832 (9th Cir.1997).
Retrieving the full opinion text from the archive…
Tarek Mohammed ABDEL-RAZEK, a.k.a. Parek Mohammed Abdelrazer
v.
IMMIGRATION AND NATURALIZATION SERVICE
Nos. 95-70395, A71-953-257.
Court of Appeals for the Ninth Circuit.
Jun 5, 1997.
114 F.3d 831
97 Cal. Daily Op. Serv. 4241
1997 U.S. App. LEXIS 13133
1997 WL 303315
Terrence McGuire, Los Angeles, CA, for petitioner., Karen Fletcher Torstenson, United States Department of Justice, Office of Immigration Litigation, Washington, DC, for respondent.
Fernandez, Hawkins, Schwarzer.
Cited by 14 opinions  |  Published

ORDER

The memorandum disposition filed April 16,1997, is redesignated as an authored opinion by Judge William W Schwarzer.

[*832] OPINION

SCHWARZER, Senior District Judge:

Tarek Mohammed Abdel-Razek petitions for review of the decision of the Board of Immigration Appeals (“BIA”) denying petitioner’s application for a waiver under section 212(h) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(h), and ordering deportation. Petitioner came to the United States as a student visitor in 1985. Seven months later, he was arrested for stabbing a man to death. He pled guilty to voluntary manslaughter in 1989, and was sentenced to eleven years in prison. In 1994 deportation proceedings were initiated based on his manslaughter conviction. On May 1, 1995, the BIA ordered petitioner deported. On October 6, 1995, petitioner filed his petition in this court.

On April 24, 1996, the President signed into law the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Title IV of the Act amends the INA in various respects, including judicial review of orders of deportation. We held in Duldulao v. INS, 90 F.3d 396, 398-99 (9th Cir.1996) (petition for reh’g pending), that the effect of the AEDPA is to withdraw the jurisdiction of the courts of appeals to consider petitions filed prior to the AEDPA’s enactment.

Section 440(a) of the AEDPA amends 8 U.S.C. § 1105a(a)(10) to read as follows:

Any final order of deportation against an alien who is deportable by reason of having committed a criminal offense covered in section 1251(a)(2)(A)(iii), (B), (C), or (D) of this title, ... shall not be subject to review by any court.

Petitioner was convicted of manslaughter for stabbing a man to death. That offense makes him deportable under section 1251(a)(2)(A)(iii). The fact that the BIA did not issue its order with reference to that section does not alter petitioner’s status as a convicted felon for purposes of the availability of judicial review. We therefore lack jurisdiction.

The petition is DISMISSED.