Antonio Reyes and Gregoria C. Reyes v. Immigration and Naturalization Service

Antonio and Gregoria Reyes were found deportable by a special inquiry officer of the Immigration and Naturalization Service (I&NS). They appealed this decision to the Board of Immigration Appeals (“BIA” or “Board”) and on April 5,1976 the Board affirmed. On February 9, 1977, they petitioned the Board to reopen the deportation proceedings and also requested the Board to stay deportation pending its consideration of the motion to reopen. The Board declined to stay the previous order of deportation, and four days later petitioners filed for review with this court. We find that we are without jurisdiction to review the Board’s denial of a stay of deportation while the motion to reopen proceedings is still pending before the Board. We therefore dismiss the petition.

The courts of appeals are given exclusive jurisdiction to review final orders of specified federal agencies in 28 U.S.C. §§ 2341-51 (1970 & Supp. V 1975). The Immigration and Nationality Act (Act), in section 106(a), prescribes that these procedures for judicial review “shall apply to, and shall be the sole and exclusive procedure for, the judicial review of all final orders of deportation . . . made against aliens .…