Povi Da Silveria Hogan, Petitioner, v. U.S. Immigration & Naturalization Service, Respondent, 23 F.3d 401 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 23 F.3d 401 (4th Cir. 1994) Submitted April 21, 1994. Decided May 17, 1994

On Petition for Review of an Order of the Immigration and Naturalization Service. (A29-693-049)

Povi Da Silveria Hogan, petitioner pro se.

Stewart Deutsch, U.S. Dept. of Justice, Washington, DC, George W. Maugans, Immigration and Naturalization Service, Baltimore, MD, for respondent.



Before ERVIN, Chief Judge, MICHAEL, Circuit Judge, and CHAPMAN, Senior Circuit Judge.


Povi Da Silveria Hogan petitioned this Court's review of an immigration judge's denial of Hogan's motion to reopen deportation proceedings. The Immigration and Naturalization Service (INS) has moved for dismissal of the appeal. We dismiss the appeal for lack of jurisdiction.

Hogan failed to exhaust available administrative remedies by not appealing the immigration judge's order. 8 C.F.R. Sec. 3.3(a) (1993). An immigration judge's order is not final and appealable, and failure to exhaust is a jurisdictional defect. Gallanosa v. United States, 785 F.2d 116, 119 (4th Cir. 1986). Further, failure to appeal to the Board of Immigration Appeals waived the right to raise claims before a federal court. Farrokhi v. United States INS, 900 F.2d 697, 700 (4th Cir. 1990). Therefore, this Court is without jurisdiction to hear the appeal.

We grant the INS's motion to dismiss. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.