Feliberto Curtis v. U.S. Immigration and Naturalization Service

972 F.2d 1338 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Feliberto CURTIS, Petitioner, v. U.S. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 91-70306. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 20, 1992. Decided Aug. 25, 1992. Before EUGENE A. WRIGHT, BEEZER and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Feliberto Curtis seeks review of the Board of Immigration Appeals' summary dismissal of his appeal from an Immigration Judge's finding that he is deportable. He argues that dismissal is inappropriate because: (1) his Notice of Appeal contained adequate grounds for the BIA to consider the merits of his appeal; (2) extraordinary circumstances prevented him from filing an appeal brief; and (3) he is not deportable under 8 U.S.C. § 1251 (a)(4) because he was granted probation rather than "sentenced to confinement" for one year. 3 The INS counters that we lack subject matter jurisdiction because Curtis failed to exhaust his…