Ricardo Hernandez-Alvarado v. Immigration and Naturalization Service

50 F.3d 14 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ricardo HERNANDEZ-ALVARADO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 93-70860. United States Court of Appeals, Ninth Circuit. Submitted March 16, 1995. * Decided March 23, 1995. Before: NORRIS, WIGGINS, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Ricardo Hernandez-Alvarado seeks review of a decision of the Board of Immigration Appeals ("BIA") affirming that he is deportable and ineligible for withholding of deportation. Because we lack jurisdiction, we dismiss Hernandez-Alvarado's petition for review. 3 The BIA affirmed the immigration judge's order of deportation on August 25, 1993. On October 1, 1993, Hernandez-Alvarado filed a document captioned "petition for review" with the BIA, insisting that it be treated as a motion to reopen. 1 On October 27, 1993, he filed this petition for review. The BIA denied the motion to reopen on November 5, 1993, but no subsequent petition for…