Rafael H. Lopez v. United States Department of Justice, Immigration and Naturalization Service

Upon its face this appeal is a petition to review an order of deportation filed more than two years after that order became final. Our jurisdiction is limited to review upon petitions “filed not later than six months from the date of the final deportation order * * 8 U.S.C. § 1105a(a) (1). Therefore, on its face the petition asks that we exceed our statutory authority.

However, the record also shows that more than six months after the filing of the final order of deportation the petitioner filed a motion to reconsider the deportation order. A hearing was granted upon that motion and the motion…