Carlos Guillermo Tercero-Lanzas v. Immigration and Naturalization Service

99 F.3d 1147 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carlos Guillermo TERCERO-LANZAS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70324. United States Court of Appeals, Ninth Circuit. Submitted Oct. 11, 1996. * Decided Oct. 22, 1996. Petition to Review a Decision of the Immigration and Naturalization Service, No. Aho-art-wdh. BIA REVIEW DENIED. Before: O'SCANNLAIN, T.G. NELSON and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Carlos Guillermo Tercero-Lanzas ("Tercero-Lanzas") timely petitions for review of the January 20, 1995, decision and order of the Board of Immigration Appeals ("BIA") dismissing his appeal for lack of jurisdiction. We have jurisdiction under 8 U.S.C. § 1105a. Whether the BIA had jurisdiction to consider the appeal of Tercero-Lanzas is a question we review de novo. Da Cruz v. INS, 4 F.3d 721, 722 (9th Cir.1993). We deny the petition. 3 The BIA dismissed this case under 8 C.F.R. § 3.39 , which provides: 4…