Kemper v. Immigration & Naturalization Service

Ninth Circuit

Kemper v. Immigration & Naturalization Service

705 F.2d 1150, 1983 U.S. App. LEXIS 28090

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 11, 1983

DocketNo. 83-7074

StatusPublished

Cited by11 cases

This text of 705 F.2d 1150 (Kemper v. Immigration & Naturalization Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kemper v. Immigration & Naturalization Service, 705 F.2d 1150, 1983 U.S. App. LEXIS 28090 (9th Cir. 1983).

Pincite

Opinion

ORDER

Before WRIGHT, FLETCHER and CAN-BY, Circuit Judges.

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.

Free access — add to your briefcase to read the full text and ask questions with AI

ORDER

Before WRIGHT, FLETCHER and CAN-BY, Circuit Judges.

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.

Cite This Page — Counsel Stack

Bluebook (online)

705 F.2d 1150, 1983 U.S. App. LEXIS 28090, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kemper-v-immigration-naturalization-service-ca9-1983.

Opinion

Related

Cite This Page — Counsel Stack