Higinia Martinez-De Bojorquez v. John Ashcroft, Attorney General

Higinia Martinez-de Bojorquez (“Martinez”) petitions for review of a decision of the Board of Immigration Appeals (“BIA”). The BIA refused to consider Martinez’s appeal from the Immigration Judge’s denial of relief under former section 212(c) of the Immigration and Nationality Act (“INA”). The Immigration-Judge (“IJ”) had concluded that Martinez’s departures from the United States while an earlier appeal had been pending with the BIA resulted in a withdrawal of that appeal pursuant to 8 C.F.R. § 1003.4 , rendering Martinez’s original deportation order final. The IJ therefore ruled that Martinez was no longer a permanent resident eligible for section 212(c) relief. The BIA refused to consider Martinez’s contentions, finding that no proceedings after the alleged withdrawal of the earlier appeal were valid. Martinez timely petitioned for review. Because deportation proceedings against Martinez began before April 1, 1997, this case is governed by the transitional rules set forth in section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRI-RA”), Pub. L. No. 104-208, div. c., 110 Stat. 3009 . Pursuant to the transitional rules, we have jurisdiction…