Beltran-Leon

Beltran-Leon v. Immigration & Naturalization Service

Good Law
134 F.3d 1379·98 Daily Journal DAR 703·1998 U.S. App. LEXIS 787·98 Cal. Daily Op. Serv. 517
United States Court of Appeals for the Ninth CircuitJanuary 21, 1998No. 96-70757California746 words

Opinion

Lead Opinion

Ferguson, J.

Carlos Beltran-Leon appeals the denial of his motion to reopen and terminate deportation proceedings by the Board of Immigration Appeals (“BIA”). We dismiss the appeal for lack of jurisdiction.

FACTS

On October 27, 1992, pursuant to Section 241 of the Immigration and Nationality Act (“INA”), an immigration judge found Bel-tran-Leon deportable for (1) having been convicted pursuant to a guilty plea of possession for sale of cocaine; and (2) for having entered the United States without inspection. See 8 U.S.C. § 1251 (a)(1)(B); 8 U.S.C. *1380 § 1251 (a)(2)(B)(i). The BIA denied Beltran-Leon’s appeal of the immigration judge’s finding on April 22,1993.

On July 28, 1993, a California Superior Court judge vacated Beltran-Leon’s drug conviction pursuant to a writ of audita quere-la. Beltran-Leon then moved the BIA to reopen his deportation proceedings on the ground that the conviction on which his deportation had been based no longer existed. Beltran-Leon also argued that reopening the proceedings would enable him to readjudi-cate his legalization application and apply for adjustment of status. The BIA denied the motion on September 9, 1996, solely on the ground that the writ was…

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