Summary
referring a petition for stay of deportation during the pendency of a motion to reopen to the district court
Summary of this case from Hossain v. JohnsonOpinion
No. 83-7074.
May 11, 1983.
Beverly Phillips, I.N.S., San Francisco, Cal., Lawrence Lippe, Washington, D.C., George C. Stoll, Asst. U.S. Atty., San Francisco, Cal., William B. Odencrantz, San Pedro, Cal., Margaret Perry, Dept. of Justice, Washington, D.C., for respondent.
Donald L. Ungar, Simmons Ungar, San Francisco, Cal., for petitioner.
Petition for review from the Board of Immigration Appeals.
Before WRIGHT, FLETCHER and CANBY, Circuit Judges.
ORDER
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.