Schrandt-Blumenbach

Rudi Kurt Schrandt-Blumenbaeh was charged with removabality for overstaying his B-2 visa under 8 U.S.C. § 1227 (a)(1)(B) in 1998. Schrandt conceded removability but conditioned that concession on the legality of a prior 1989 deportation. Schrandt petitions for review of the BIA’s determination that because he was lawfully deported in 1989, his collateral attack on his prior deportation order must fail. 1 We deny his petition.

Schrandt’s 1989 deportation was legally executed because no stay was in effect after the Immigration Judge (IJ) denied Schrandt’s motion to reopen. We agree with the IJ that at the time Schrandt was originally deported, the law was such that a stay pending the determination of a motion to reopen did not automatically stay deportation pending the taking and disposition of an appeal. See 8 C.F.R. §§ 3.6 , 242.22 (1989); see also Blancada v. Tumage, 891 F.2d 688, 690 (9th Cir.1989) (noting that the regulations provide that “a deportation order is not stayed automatically by the filing of a motion to reopen deportation proceedings or by the appeal to the BIA of an IJ’s denial of a motion to reopen”). In order to delay his deportation, Schrandt would have had to…