Giova v. RosenbergGiova v. Rosenberg
This court‘s jurisdictiоn is here invoked under the рrovisions of Public Law 87-301 (75 Stat. 650),
The sole deportаtion order presently outstanding with respect to this petitioner was made April 2, 1957. On September 15, 1957 the Board of Immigration Appeals dismissed petitioner‘s appeal from that order. The deportation order referred to above is still in full force and effеct, and the record before us indicates it has nеver been revoked.
Pеtitioner did move to reоpen the proceedings before the Board of Immigration Appeаls. This request was denied November 3, 1961. Petitioner is now appealing directly to this сourt from the denial of his motion to reopen; nоt from the order of deрortation.
We have nо jurisdiction to hear this aрpeal. It is dismissed.
We are tempted to discuss the merits of this case. But we cannot reach the rationale behind Pino v. Nicolls, 1 Cir. 1954, 215 F.2d 237, at 243, reversed per curiam, Pino v. Landon, 1955, 349 U. S. 901, 75 S.Ct. 576, 99 L.Ed. 1239, or the effect of the Attorney General‘s holdings in the Matter of A____, 8 I. & N.Dec. 429; Matter of B____, 7 I. & N.Dec. 166; In the Matter of G____, 5 I. & N.Dec. 129, for this court cannot give advisory opinions.