Higinia Martinez-De Bojorquez v. John Ashcroft, Attorney General

BETTY B. FLETCHER, Circuit Judge:

Higinia Martinez-de Bojorquez (“Martinez”) petitions for review of a decision of the Board of Immigration Appeals (“BIA”). The BIA refused to consider Martinez’s appeal from the Immigration Judge’s denial of relief under former section 212(c) of the Immigration and Nationality Act (“INA”). The Immigration-Judge (“IJ”) had concluded that Martinez’s departures from the United States while an earlier appeal had been pending with the BIA resulted in a withdrawal of that appeal pursuant to 8 C.F.R. § 1003.4, 1 rendering Martinez’s original deportation order final.…