Daneshvar v. Immigration and Naturalization Service

BEFORE: KEITH, MERRITT and BROWN, Circuit Judges Order Petitioner is a native and citizen of Iran. Petitioner was admitted into the United States as a nonimmigrant student and was authorized to remain until June 29, 1979. On January 9, 1980, petitioner conceded his deportability and waived his right to appeal during a deportation hearing. The immigration judge granted petitioner the priviledge of voluntary departure until May 15, 1980. Petitioner took no further action until May 23, 1980, when a motion to reopen was filed with the immigration judge. This motion was denied on September 16, 1980. Petitioner did not file an appeal of the denial of the motion to reconsider with the Board of Immigration Appeals, but filed a motion with this Court requesting review of both the order of January 9, 1980, and the order of September 16, 1980. Respondent has filed a motion to dismiss.