* The Honorable Gerald E. Rosen, United States District Judge for the Eastern District of Michigan, sitting by designation. RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 06a0276p.06 

### UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

_________________

E NRIQUE H. C IFUENTES RUIZ , Petitioner,

v.
A LBERTO G ONZALES , Attorney General, Respondent. 

### X - - - -> 

### , - - N No. 05-4240

On Petition for Review from a Final Order of the Board of Immigration Appeals. No. A72 438 772. Submitted: July 17, 2006 Decided and Filed: August 3, 2006 Before: BOGGS, Chief Judge; COLE, Ci rcuit Judge; ROSEN, District Judge. *

_________________ COUNSEL ON BRIEF: Subhash Chandra, CHANDRA LAW OFFICE S, Omaha, Nebraska, for Petitioner. Keith I. Bernstein, Michelle Gorden Latour, U.S. DEPARTMENT OF JUSTICE, OFFICE OF IMMIGRATION LITIGATION, Wash ington, D.C., for Respondent.

_________________ OPINION

_________________ PER CURIAM. Enrique H. Cifuentes Ruiz, through counsel, petitions the court for review of a final order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from a decision of an immigration judge (“IJ”) denying his appli cation for special rule suspension of deportation under the Nicaraguan Adjustment and Central American Relief Act of 1997, Pub. L. No. 105-100, 111 Stat. 2160 (1997), as amended byPub. L. No. 108-139, 111 Stat. 2644 (1997). The parties have waived oral argument on appeal and, upon review, th e panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a). The Immigration and Naturalization Service issu ed a notice to appear to Cifuentes Ruiz, a native and citizen of Guatemala, charging him with removability under the Immigration and Nationality Act § 212(a)(6)(A)(i) as an alien presen t in the United States without being admitted or

1No. 05-4240 Ruiz v. Gonzales Page 2

paroled. Cifuentes Ruiz applied for suspension of deportation and for asylum and withholding of removal. The government moved to pretermit Cifuente s Ruiz’s application for suspension of deportation and Cifuentes Ruiz opposed the motion. After conducting a hearing, the IJ granted the government’s motion to pretermit and denied Cifu entes Ruiz asylum and withholding of removal. Cifuentes Ruiz appealed the IJ’s decision to the BIA, arguing that the IJ erred in pretermitting his application for suspension of deportation. Th e BIA dismissed Cifuentes Ruiz’s appeal. Cifuentes Ruiz timely petitioned this court fo r review of the BIA’s decision, and argues on appeal that substantial evidence does not support the BIA’s conclusion that he failed to timely register for benefits under American Baptist Churches v. Thornburgh (ABC) , 760 F. Supp. 796 (N.D. Cal. 1991). Pursuant to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) § 309, a Guatemalan national who entered the United States on or before October 1, 1990, and registered for ABC benef its on or before December 31, 1991, is eligible for special rule suspension of deportation. IIRIRA, Pub. L. No. 104-208, § 309(c)(5)(C)(i)(I)(bb), 110 Stat. 3009- 627 (1996), amended byNicaraguan Adjustment and Central American Relief Act, Pub. L. 105-100, § 203(a)(1), 111 Stat. 2197 (1997). Determinations by the Attorney General as to whether an alien satisfies the requirements of § 309(c)(5)(C)(i)(I)(bb) ar e “final and shall not besubject to review by any court.” IIRIRA § 309(c)(5)(C)(ii). We ha ve previously upheld similar unreviewability provisions in CDI Info. Servs. v. Reno , 278 F.3d 616 (6th Cir. 2002) and Daniel v. INS , 138 F.3d 1102 (6th Cir. 1998). See also Ortega v. U.S. Attorney Gen. , 416 F.3d 1348, 1350 (11th Cir. 2005); Gramajo v. Gonzales , 128 F. App’x 16, 17 (9th Cir. 2005). We therefore lack jurisdiction over Cifuentes Ruiz’s challenge to the BIA’s determination that he was ineligible for special rule suspension of deportation under IIRIRA § 309(c)(5)(C)(ii). For the foregoing reasons, Cifuentes Ruiz’s petition for review is DISMISSED for lack of jurisdiction.