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Edgar Allan Gallegos and Ana Gloria Gallegos v. Immigration and Naturalization Service at Los Angeles, California

Edgar Allan GALLEGOS and Ana Gloria Gallegos, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE AT LOS ANGELES, CALIFORNIA, Respondent

Gallegos v. Immigration & Naturalization Serv. at Los Angeles, Cal., 310 F.2d 688 (9th Cir. 1962)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
November 2, 1962
Docket
No. 17815
Judges
Merrill, Duniway
Citations
310 F.2d 6881962 U.S. App. LEXIS 3757

Opinion — Per Curiam

PER CURIAM.

Petitioners seek review of actions of the Immigration Service. They have been subjected to an order of deportation, have unsuccessfully pursued judicial review of that order. Gallegos v. Hoy, 9 Cir., 1958, 262 F.2d 665 , certiorari denied, 1959, 360 U.S. 935 , 79 S.Ct. 1456 , 3 L.Ed.2d 1547 . They then filed a petition to reopen the deportation proceedings in order that they might apply for discretionary relief from deportation. That petition was denied by the Board of Immigration Appeals and the present petition for review was filed in the District Court for the Southern District of California, Central Division. The matter has been transferred to this court under 75 Stat. 650 .

This court has taken the position that under 75 Stat. 650 , we have original jurisdiction to review only final orders of deportation. Holz v. Immigration and Naturalization Service, 1962, 309 F.2d 452 ; Mai Kai Fong v. Immigration and Naturalization Service, 1962, 305 F.2d 239 ; Giova v. Rosenberg, 1962, 308 F.2d 347 .

*689 An order denying the reopening of proceedings is not such an order.

It is therefore ordered that this matter be retransferred to the District Court for the Southern District of California, Central Division.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1963: 21991: 119632026peak 1963 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Giova v. Rosenberg, 308 F.2d 347 (9th Cir. 1962) 19
Mai Kai Fong, Also Known as Yee Wing Young v. Immigration & Naturalization Serv., 305 F.2d 239 (9th Cir. 1962) 18
Holz v. Immigration & Naturalization Serv., 309 F.2d 452 (9th Cir. 1962) 10
Gallegos v. Hoy, 262 F.2d 665 (9th Cir. 1958) 8

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