Unpublished Disposition, 869 F.2d 1499 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 869 F.2d 1499 (9th Cir. 1989)


No. 87-7528.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Feb. 7, 1989.Decided Feb. 16, 1989.

Before GOODWIN, Chief Judge, and ALARCON and NELSON, Circuit Judges.


Roberto Villegas-Lizarraga petitions for review of a Board of Immigration Appeals (BIA) decision affirming the immigration judge's finding of deportability and denial of discretionary relief pursuant to section 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182(c) (1970). Villegas-Lizarraga also petitions for review of the BIA's denial of his request for a stay pending the BIA's adjudication of his motion to reopen.

The petition is dismissed for lack of jurisdiction. Fayazi-Azad v. INS, 792 F.2d 873 (9th Cir. 1986); Hyun Joon Chung v. INS, 720 F.2d 1471 (9th Cir. 1983), cert. denied, 467 U.S. 1216 (1984). Fayazi-Azad established the Ninth Circuit rule that this court does not have jurisdiction to review a BIA decision affirming the immigration judge's finding of deportability and denying discretionary relief in cases where the petitioner has filed a motion to reopen prior to filing a petition for review with this court. The Fayazi-Azad decision reasoned that a motion to reopen the administrative case prevents the underlying deportation order from being final and appealable.

The BIA's denial of a motion to stay deportation pending a ruling of a motion to reopen also is not a final order of deportation reviewable by this court. 8 U.S.C. §§ 1105(a); Dhangu v. INS, 812 F.2d 455, 458-59 (9th Cir. 1987); Kemper v. INS, 705 F.2d 1150 (9th Cir. 1983).

The above-cited precedents preclude appellate review. The petition is DISMISSED.


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3