Pedro Arreche-Barcelona v. Immigration and Naturalization Service at Los Angeles, California

310 F.2d 690, 1962 U.S. App. LEXIS 3758

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 2, 1962
• Docket: 17680
• Status: Published

Opinion

PER CURIAM.

Petitioner seeks review of action of the Immigration Service. Having been subjected to a final order of deportation, petitioner applied for creation of status as a permanent resident on the basis of marriage to a United States citizen. This application was denied and the present petition for review was filed with this court under 75 Stat. 650.

This court has taken the position that under 75 Stat. 650 we have original jurisdiction to review only final orders of deportation. Holz v. Immigration and Naturalization Service, 1962, 309 F.2d 452; Mai Kai Fong v. Immigration and Naturalization Service, 1962, 305 F.2d 239; Giova v. Rosenberg, 1962, 308 F.2d 347.

An order denying status is not such an order.

These proceedings therefore are dismissed without prejudice, however, to such right as petitioner may have to petition for review before the appropriate district court.