FORSTER v. IMMIG. NATURALIZATION SERVICE

PER CURIAM:

This is a petition to review a decision by a special inquiry officer that petitioner be deported. No appeal was taken to the Board of Immigration Appeals from the special inquiry officer's decision. See 8 C.F.R. § 242.21. Accordingly, the petition for review is premature, and this court lacks jurisdiction under 8 U.S.C. § 1105a(c). See Rodriguez-De Leon v. INS, 324 F.2d 311 (9th Cir. 1963); Kassab v. INS, 322 F.2d 824 (9th Cir. 1963). The petitioner may move to reopen the deportation hearing. 8 C.F.R. § 242.22. Cf. Lee Fook Chuey v. INS, 439 F.2d 244 (9th Cir. 1971).

The petition is dismissed.