U.S. Court of Appeals for the Ninth Circuit, 1983

Kemper v. Immigration & Naturalization Service

U.S. Court of Appeals for the Ninth Circuit · Decided May 11, 1983 · Can, Fletcher, Wright

705 F.2d 1150; 1983 U.S. App. LEXIS 28090 (Federal Reporter, Second Series)

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.

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