Jose Ortez v. INS

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 16, 2000
• Docket: 00-1136
• Status: Unpublished

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 00-1136 ___________

Jose Ortez, * * Appellant, * On Petition for Review of * an Order of the Immigration v. * and Naturalization Service. * Immigration and Naturalization * [Not To Be Published] Service, * * Appellee. * ___________

Submitted: October 3, 2000 Filed: October 16, 2000 ___________

Before RICHARD S. ARNOLD, HANSEN, and BYE, Circuit Judges. ___________

PER CURIAM.

Jose Ortez petitions for review of an order of the Board of Immigration Appeals (BIA) dismissing his appeal from the denial of his second motion to reopen deportation proceedings. We lack jurisdiction to review the arguments Ortez now makes, because they relate to his first motion to reopen, the denial of which he did not appeal to the BIA. See Afolayan v. INS, 219 F.3d 784, 788 (8th Cir. 2000) (no jurisdiction to review claims that were not first raised before BIA). As to the second motion to reopen, we conclude that the BIA did not err in affirming the Immigration Judge’s decision that Ortez was not eligible for relief under the Nicaraguan Adjustment and Central American Relief Act, Pub. L. No. 105-100, 111 Stat. 2160 (1997), amended by Pub. L. No. 105-139, 111 Stat. 2644 (1997). See Feleke v. INS, 118 F.3d 594, 597- 98 (8th Cir. 1997) (standard of review).

Accordingly, we deny the petition.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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