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Kemper v. Immigration Naturalization Serv

United States Court of Appeals, Ninth Circuit
May 11, 1983
705 F.2d 1150 (9th Cir. 1983)

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. Johnson

Opinion

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.


Summaries of

Kemper v. Immigration Naturalization Serv

United States Court of Appeals, Ninth Circuit
May 11, 1983
705 F.2d 1150 (9th Cir. 1983)

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. Johnson
Case details for

Kemper v. Immigration Naturalization Serv

Case Details

Full title:SYLVIA BINDER KEMPER, PETITIONER, v. IMMIGRATION AND NATURALIZATION…

Court:United States Court of Appeals, Ninth Circuit

Date published: May 11, 1983

Citations

705 F.2d 1150 (9th Cir. 1983)

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