Richard Scott Lennie v. Donald A. Radcliffe, District Director Immigration and Naturalization Service, Honolulu Immigration and Naturalization Service

33 F.3d 59 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard Scott LENNIE Petitioner-Appellee, v. Donald A. RADCLIFFE, District Director Immigration and Naturalization Service, Honolulu; Immigration and Naturalization Service, Respondents-Appellants. No. 93-16462. United States Court of Appeals, Ninth Circuit. Submitted July 11, 1994. * Decided Aug. 15, 1994. Before: FERNANDEZ, RYMER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 The District Director of the Immigration and Naturalization Service appeals the district court's entry of an order enjoining Lennie's deportation "until final resolution of the motion to reopen filed with the BIA, which may include the conclusion of any appeals of right from the BIA determination." The Director contends that authority to stay Lennie's deportation rests exclusively with this court after a petition for review is filed. We agree and vacate the district court's order and remand with instructions to dismiss the petition…