Carlos Valenzuela Bonilla and Ramona Bejarana De Valenzuela v. Immigration and Naturalization Service

BY THE COURT:

Carlos Valenzuela Bonilla and Ramona Bejarana de Valenzuela petition for review of the Board of Immigration Appeals’ denial of their request for stay of deportation pending a ruling on their motion to reopen. The INS has moved to dismiss the petition, urging that the denial of the request for stay is not reviewable by this court.

Title 8 U.S.C. § 1105a(a) limits our jurisdiction to “final orders of deportation.” Other circuits have recently held that a denial of a stay pending consideration of a motion to reopen is not such a final order. Kemper v. INS, 705 F.2d 1150, 1150 (9th…