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No. 8927011
United States Court of Appeals for the Ninth Circuit
Kemper v. Immigration & Naturalization Service
No. 8927011 · Decided May 11, 1983
No. 8927011·Ninth Circuit · 1983·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
May 11, 1983
Citation
No. 8927011
Disposition
See opinion text.
Full 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.
Plain English Summary
Respondent’s motion to dismiss the petition for review is granted.
Key Points
01Respondent’s motion to dismiss the petition for review is granted.
02The 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.
03Petitioner’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.
04
Frequently Asked Questions
Respondent’s motion to dismiss the petition for review is granted.
FlawCheck shows no negative treatment for Kemper v. Immigration & Naturalization Service in the current circuit citation data.
This case was decided on May 11, 1983.
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