Bhupendra Bhatt v. Board of Immigration Appeals, U.S. Immigration & Naturalization Service, and U.S. Department of Justice

BAUER, Circuit Judge.

After the Board of Immigration Appeals (“BIA”) dismissed as untimely Petitioner-Appellant Bhupendra Bhatt’s motion to reconsider its order affirming his deportation, Bhatt petitioned the district court for an order in the nature of mandamus compelling the BIA to hear his motion to reconsider. Respondents-Appellees, the BIA, the United States Immigration and Naturalization Service (“INS”), and the United States Department of Justice (“DOJ”) (collectively, “Respondents”) moved for dismissal of the mandamus application for want of jurisdiction. 1 The district court exercised…