Unpublished Disposition, 924 F.2d 1064 (9th Cir. 1987)

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US Court of Appeals for the Ninth Circuit - 924 F.2d 1064 (9th Cir. 1987)

Roberto VILLEGAS-LIZARRAGA, Petitioner,v.IMMIGRATION & NATURALIZATION SERVICE, Respondent.

No. 90-70095.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 7, 1990.* Decided Jan. 28, 1991.

Petition for Review from the Board of Immigration Appeals, No. A30-773-836.

BIA

AFFIRMED.

Before FARRIS, CYNTHIA HOLCOMB HALL and KOZINSKI, Circuit Judges.


MEMORANDUM** 

The Board of Immigration Appeals properly denied petitioner's motion to reopen proceedings to reconsider his request for section 212(c) relief. The BIA correctly determined that petitioner was statutorily ineligible for section 212(c) relief because he lost his permanent resident status when the BIA affirmed the Immigration Judge's order of deportability. See Avila-Murrieta v. INS, 762 F2d 733, 736 (9th Cir 1985) (" [A]n alien's lawful domicile for purposes of section 212(c) relief terminates when the alien concedes his deportability and fails to challenge the merits of his deportation order."). Petitioner concedes his deportability. ER 3 (BIA decision 1/30/90), at 1. The BIA also did not abuse its discretion in determining that, had it considered petitioner's motion on the merits, he was not entitled to a favorable exercise of discretion.

We also decline petitioner's suggestion that we review the BIA's October 30, 1987, order dismissing his appeal. He has not alleged any grounds for doing so.

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

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