U.S. Court of Appeals for the Ninth Circuit, 1971

Yolanda Salazar Forster v. Immigration & Naturalization Service

Yolanda Salazar Forster v. Immigration & Naturalization Service
U.S. Court of Appeals for the Ninth Circuit · Decided December 15, 1971 · Browning, Wright, Kilkenny
452 F.2d 418 (Federal Reporter, Second Series)

Yolanda Salazar Forster v. Immigration & Naturalization Service

Opinion

PER CURIAM:

This is a petition to review a decision by a special inquiry officer that petitioner be deported. No appeal was taken to the Board of Immigration Appeals from the special inquiry officer’s decision. See 8 C.F.R. § 242.21. Accordingly, the petition for review is premature, and this court lacks jurisdiction under 8 U.S.C. § 1105a(c). See Rodriguez-De Leon v. I&NS, 324 F.2d 311 (9th Cir. 1963); Kassab v. I&NS, 322 F.2d 824 (9th Cir. 1963). The petitioner may move to reopen the deportation hearing. 8 C.F.R. § 242.22. Cf. Lee Fook Chuey v. I&NS, 439 F.2d 244 (9th Cir. 1971).

The petition is dismissed.

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