[T][U] Tercero-Lanzas v. Immigration and Naturalization Service

MEMORANDUM* 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. The BIA dismissed this case under 8 C.F.R. § 3.39, which provides: