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    Dong v. Ashcroft, 10th Cir. (2002)

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    The United States Court of Appeals for the Tenth Circuit dismissed Jiu Dong's petition for review of a Board of Immigration Appeals decision ordering his deportation. The court questioned whether it had jurisdiction over the petition because it did not appear to be timely filed within the deadline or in the correct circuit as required by law. When the court issued an order for Dong to show cause why the petition should not be dismissed, he failed to respond. Therefore, the court dismissed the petition for lack of jurisdiction and denied as moot his motion for a stay of removal.

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    Dong v. Ashcroft, 10th Cir. (2002)

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    The United States Court of Appeals for the Tenth Circuit dismissed Jiu Dong's petition for review of a Board of Immigration Appeals decision ordering his deportation. The court questioned whether it had jurisdiction over the petition because it did not appear to be timely filed within the deadline or in the correct circuit as required by law. When the court issued an order for Dong to show cause why the petition should not be dismissed, he failed to respond. Therefore, the court dismissed the petition for lack of jurisdiction and denied as moot his motion for a stay of removal.

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    Filed: 2002-01-30 Precedential Status: Non-Precedential Docket: 01-9548

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    The United States Court of Appeals for the Tenth Circuit dismissed Jiu Dong's petition for review of a Board of Immigration Appeals decision ordering his deportation. The court questioned whether it had jurisdiction over the petition because it did not appear to be timely filed within the deadline or in the correct circuit as required by law. When the court issued an order for Dong to show cause why the petition should not be dismissed, he failed to respond. Therefore, the court dismissed the petition for lack of jurisdiction and denied as moot his motion for a stay of removal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    10 views2 pages

    Dong v. Ashcroft, 10th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Tenth Circuit dismissed Jiu Dong's petition for review of a Board of Immigration Appeals decision ordering his deportation. The court questioned whether it had jurisdiction over the petition because it did not appear to be timely filed within the deadline or in the correct circuit as required by law. When the court issued an order for Dong to show cause why the petition should not be dismissed, he failed to respond. Therefore, the court dismissed the petition for lack of jurisdiction and denied as moot his motion for a stay of removal.

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    of 2

    F I L E D

    UNITED STATES COURT OF APPEALS


    FOR THE TENTH CIRCUIT

    United States Court of Appeals


    Tenth Circuit

    JAN 30 2002

    PATRICK FISHER
    Clerk

    JIU DONG,
    Petitioner,
    v.
    JOHN ASHCROFT, U.S. Attorney
    General; IMMIGRATION &
    NATURALIZATION SERVICE,

    No. 01-9548
    (BIA No. A77 293 813)
    (Petition for Review)

    Respondents.
    ORDER AND JUDGMENT *
    Before HENRY, BRISCOE, and MURPHY, Circuit Judges.

    After examining the petition for review and related materials, this panel has
    determined unanimously that oral argument would not materially assist the
    determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G).
    The case is therefore ordered submitted without oral argument.

    This order and judgment is not binding precedent, except under the
    doctrines of law of the case, res judicata, and collateral estoppel. The court
    generally disfavors the citation of orders and judgments; nevertheless, an order
    and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

    Petitioner seeks review of the decision of the Board of Immigration


    Appeals dismissing his appeal of the immigration judges order of deportation.
    In addition, petitioner seeks a stay of removal during the pendency of proceedings
    before this court. Our initial review of the materials filed by petitioner caused us
    to question our jurisdiction because the petition for review did not appear to be
    either timely filed under 8 U.S.C. 1252(b)(1) or filed in the correct circuit under
    8 U.S.C. 1252(b)(2). See Kennedy v. Lubar, 273 F.3d 1293, 1301 (10th Cir.
    2001) (We have routinely recognized our ability to raise the question of
    appellate jurisdiction sua sponte . . . .). Accordingly, on December 26, 2001,
    we issued an order directing petitioner to show cause why the petition for review
    should not be dismissed for lack of jurisdiction. The time for response has since
    passed, and petitioner has not responded to the show cause order.
    We, therefore, DISMISS the petition for review for lack of jurisdiction and
    DENY the motion for stay of removal as moot.
    Entered for the Court,

    PER CURIAM

    -2-

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