CHU v. I.N.S.

No. 85-7342.

875 F.2d 777 (1989)

Jian Gang CHU, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Submitted September 1, 1988.

Decided May 26, 1989.


Attorney(s) appearing for the Case

Jon Wu, San Francisco, Cal., for petitioner.

Alison Drucker and Morris Deutsch, Dept. of Justice, Washington, D.C., for respondent.

Before ALARCON and O'SCANNLAIN, Circuit Judges, and WILLIAMS, District Judge.


O'SCANNLAIN, Circuit Judge:

We are called upon to decide once again whether a deportation order of the Immigration and Naturalization Service ("INS") rendered final by the INS Board of Immigration Appeals ("BIA") can be rendered nonfinal by a subsequently filed motion for reconsideration. Because the petition for judicial review in this case was filed before the deportation order became final, we lack jurisdiction and therefore the petition must be dismissed.

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