Thuan Quang Tang v. Immigration and Naturalization Service

81 F.3d 170 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thuan Quang TANG, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70444. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 6, 1996. Decided April 2, 1996. Before: SKOPIL, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Thuan Quang Tang was ordered deported from the United States after he was convicted and imprisoned for attempted second degree murder and aggravated battery with a firearm. He seeks judicial review of the BIA's determination that his appeal was untimely and the BIA's denial of his motion to reopen deportation proceedings. We conclude that the Board correctly ruled that Tang's appeal was untimely and properly denied his motion to reopen. Accordingly, we deny review. I. 3 Both Tang and the INS raise jurisdictional concerns. Tang argues that we lack subject matter jurisdiction because there is not a "final order of deportation." He seeks a remand to…