Yolanda Salazar Forster v. Immigration & Naturalization Service
This text of 452 F.2d 418 (Yolanda Salazar Forster 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.
Opinion
This is a petition to review a decision by a special inquiry officer that petitioner be deported. No appeal was taken to the Board of Immigration Appeals from the special inquiry officer’s decision. See 8 C.F.R. § 242.21. Accordingly, the petition for review is premature, and this court lacks jurisdiction under 8 U.S.C. § 1105a(c). See Rodriguez-De Leon v. I&NS, 324 F.2d 311 (9th Cir. 1963); Kassab v. I&NS, 322 F.2d 824 (9th Cir. 1963). The petitioner may move to reopen the deportation hearing. 8 C.F.R. § 242.22. Cf. Lee Fook Chuey v. I&NS, 439 F.2d 244 (9th Cir. 1971).
The petition is dismissed.
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452 F.2d 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yolanda-salazar-forster-v-immigration-naturalization-service-ca9-1971.