Gert Helmut Dielmann, Also Known as Marshall Heinz v. Immigration and Naturalization Service
Opinion
Opinion
Wiggins, J.
Gert Helmut Dielmann (“Petitioner” or “Dielmann”) petitions for review of the denial by the Board of Immigration Appeals (“BIA”) of his motion to reopen his deportation proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1105a and deny the petition for review.
FACTS AND PRIOR PROCEEDINGS
Dielmann, a citizen of Germany, entered the United States on a tourist visa on January 12, 1989. He overstayed his visa, and deportation proceedings were initiated on May 24, 1990. The immigration judge found Dielmann deportable and denied his request for voluntary departure. See 8 U.S.C. § 1254 (e). Dielmann appealed the denial of voluntary departure, but the appeal was dismissed on December 18, 1991 because he failed to file a brief in support of the appeal.
In the meantime, Dielmann had married a United States citizen. On April 29, 1992, Dielmann moved to have the deportation proceedings reopened on the basis of his application for adjustment of status to that of a lawful permanent resident because of his marriage and his wife’s petition for an immediate relative visa, which were filed at the same time.