Cesar Agusto Arreaza-Cruz v. Immigration & Naturalization Service

ORDER

The memorandum disposition filed September 22, 1994, is redesignated as an authored opinion by Judge Farris.

OPINION

Cesar Agusto Arreaza-Cruz appeals the decision of the Board of Immigration Appeals affirming the Immigration Judge’s deportation order. We dismiss the appeal for lack of jurisdiction.

BACKGROUND

The INS charged petitioner Arreaza with deportability under 8 U.S.C. § 1251 (a)(1) for entering the U.S. without inspection. At a Master Calendar deportation hearing, Arrea-za conceded deportability through his attorney, George Siddell, but requested political asylum. The Immigration Judge granted Arreaza nine weeks to submit an application for political asylum. Arreaza failed to submit his asylum application. He also failed to apply for relief under the “ABC” settlement agreement in American Baptist Churches v. Thornburgh, 760 F.Supp. 796 (N.D.Cal.1991). On December 2,1992, the Board of Immigration Appeals issued an order finding that Arreaza was deportable as charged. The BIA afforded Arreaza thirty days in which to depart voluntarily, after which the INS could forcibly deport Arreaza. The BIA did not serve Arreaza with the order. Instead, the BIA served…