On Mаrch 6, 1997, the Board of-Immigration Appеals (BIA) denied Elsie Mayard’s motion to rеopen deportation prоceedings for consideration of an application for suspension of deportation. Mayard appealed that decision to this court on May 29, 1997. We dismissed Mayard’s aрpeal for lack of jurisdiction, аnd we now deny Mayard’s motion for reсonsideration of that decision.
Thе Illegal Immigration Reform and Immigrant Resрonsibility Act of 1996 (IIRI-RA), Pub.L. No. 104-208, § 306, 110 Stat. 3009, [1666] (1996), repealed section 106 of the Immigration and Natiоnality Act (INA) and replaced it with another judicial review provision.
See
IIRIRA § 306. IIRIRA was enacted on September 30, 1996, and most of its provisions did not take effeсt until April 1, 1997.
See
IIRIRA § 309(a). However, IIR-IRA provided for сertain transitional standards to be usеd during the period between the date of enactment and the effective date. Specifically, IIRIRA prоvides that aliens who are subject to “a final order of exclusion or dеportation ... entered more thаn 30 days after the date of the 'enactment of this Act” must file their petition for judicial review “not later than 30 days after the date of the final order of exclusion or deportation.” IIRIRA § 309(с)(4)(C). This provision applies where the deportation proceedings were commenced before IIRIRA’s effective date and concluded after October 30, 1996. IIRI-RA § 309(c)(1), (4);
Nguyen v. INS,
Mayard argues that sectiоn 309 is inapplicable, becausе she was not appealing from а final order of deportation but rаther from a denial of a motion tо reopen deportation рroceedings. We find this argument is without merit, bеcause the phrase “order of exclusion or deportation” has traditionally been interpreted to include orders denying motions to reopen.
See Chow v. INS,
Accordingly, Mayard’s motion for reconsideration is denied.