Sergio Fernando Noriega-Sandoval v. U.S. Immigration and Naturalization Service

Sergio Fernando Noriega-Sandoval seeks review of an order of the Legalization Appeals Unit (“LAU”) affirming the Western Regional Processing Facility’s denial of his application for adjustment of status to that of temporary resident under the Immigration Reform and Control Act of 1986 (“IRCA”). 8 U.S.C. § 1255a (1989).

We dismiss Noriega-Sandoval’s petition for review because we lack jurisdiction under 8 U.S.C. § 1255a(f)(4)(A) (1989) to review the LAU’s denial of Noriega-Sandoval’s application for adjustment in status at this time; subsection 1255a(f)(4)(A) permits appellate review of denials of adjustment to temporary resident status solely within the context of our review of orders of deportation.

FACTS AND PROCEEDINGS BELOW

Noriega-Sandoval claims to have illegally entered the United States in 1972. He was deported on November 6, 1984 and subsequently returned to this country illegally.

On August 6, 1987, Noriega-Sandoval applied for temporary resident status under 8 U.S.C. § 1255a. The INS Western Regional Processing Facility denied this application, holding that Noriega-Sandoval’s November 6, 1984 departure from the United States, under an order of deportation,…