Kemper v. Immigration & Naturalization Service

U.S. Court of Appeals for the Ninth Circuit
Kemper v. Immigration & Naturalization Service, 705 F.2d 1150 (9th Cir. 1983)
1983 U.S. App. LEXIS 28090

Kemper v. Immigration & Naturalization Service

Opinion of the Court

ORDER

Before WRIGHT, FLETCHER and CAN-BY, Circuit Judges.

Respondent’s motion to dismiss the petition for review is granted. The Board of Immigration Appeals’ denial of a motion to stay deportation pending a ruling on a motion to reopen is an interim order not reviewable by this court under 8 U.S.C. § 1105a. Reyes v. INS, 571 F.2d 505 (9th Cir. 1978); Ruiz-Mancilla v. INS, 571 F.2d 510 (9th Cir. 1978); accord Diaz-Salazar v. INS, 700 F.2d 1156 (7th Cir. 1983). The petition is dismissed. Petitioner may seek appropriate relief in district court. See 8 U.S.C. §§ 1105a(a)(9); 1329.

Petitioner’s motion for leave to amend the petition is denied without prejudice to petitioner filing a new petition for review of the Board of Immigration Appeals’ denial of her motion to reopen.

This order will be published.

Reference

Full Case Name
Sylvia Binder KEMPER v. IMMIGRATION AND NATURALIZATION SERVICE
Cited By
11 cases
Status
Published