Wilfredo Dacuycuy v. Immigration & Naturalization Service

46 F.3d 1140 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Wilfredo DACUYCUY, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70559. United States Court of Appeals, Ninth Circuit. Argued and Submitted: Dec. 16, 1994. Decided: Jan. 12, 1995. Before: WALLACE, Chief Judge, PREGERSON and BEEZER, Circuit Judges. MEMORANDUM 1 Dacuycuy petitions for review of the Board of Immigration Appeals's (Board) denial of his motion to reopen his deportation proceedings or, alternatively, to remand to the immigration judge (IJ) to reconsider Dacuycuy's application for suspension of deportation which was deemed untimely. We have jurisdiction pursuant to 8 U.S.C. Sec. 1105a(a). We deny the petition. 2 The Board argues that we do not have jurisdiction over Dacuycuy's claim, because he did not exhaust his administrative remedies. See Vargas v. INS, 831 F.2d 906, 907-08 (9th Cir. 1987) (Vargas). We review questions of subject matter jurisdiction de novo. Nike, Inc.…