Jose Reymundo Bodan-Reyes v. Immigration and Naturalization Service

87 F.3d 1317 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose Reymundo BODAN-REYES, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70831. United States Court of Appeals, Ninth Circuit. Submitted March 15, 1996. * Decided June 07, 1996. 1 Before: THOMPSON and KLEINFELD, Circuit Judges, and WILSON, District Judge. ** 2 MEMORANDUM *** 3 Mr. Bodan-Reyes filed a motion to reopen before filing his petition for review with this court. Under Chu v. INS, 875 F.2d 777 (9th Cir.1989) and Fayazi-Azad v. INS, 792 F.2d 873 (9th Cir.1986), the motion to reopen would have destroyed the finality of the BIA's decision, so we would not have had jurisdiction to review. In Pablo v. INS, 72 F.3d 110 (9th Cir.1995), however, we held that the "line of Ninth Circuit authority holding that a motion to reopen causes a deportation order to be nonfinal for jurisdictional purposes is overruled." Id. at 113. The line of authority was overruled by Stone v. INS, 115 S.Ct.…