Caruncho

Caruncho v. Immigration & Naturalization Service

Good Law
68 F.3d 356·95 Daily Journal DAR 14076·1995 WL 611550·1995 U.S. App. LEXIS 29440·95 Cal. Daily Op. Serv. 8182
United States Court of Appeals for the Ninth CircuitOctober 19, 1995Nos. 93-70448, 94-70753California3,177 words

Opinion

Lead Opinion

Hall, J.

Petitioner Domingo Guevara Caruncho, along with his wife and three sons as additional petitioners (Petitioner), requests review of the Board of Immigration Appeals’ (BIA) summary dismissal of his appeal from a final deportation order. Petitioner argues that his Notice of Appeal form EOIR-26 was sufficiently specific, and that the dismissal procedures used by the BIA did not comport with due process. Petitioner also argues *358 that the BIA abused its discretion by denying his motion to reopen.

Additionally, Petitioner’s son, Sir Jason Baylon Carancho, contends that the BIA abused its discretion in denying his separate motion to reopen based on his marriage to a newly-naturalized citizen of the United States.

For the reasons set forth below, we conclude that we do not have jurisdiction over Petitioner’s appeal from the BIA’s summary dismissal. Pursuant to 8 U.S.C. § 1105a, we do have jurisdiction over Petitioner’s and Jason Caruncho’s appeals of the BIA’s denials of their motions to reopen. We affirm the denials of the motions to reopen.

I.

Petitioner is a native and citizen of the Philippines. Nearly seven years ago, in October, 1988, he entered this country on a six-month…

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