Pеtitioner, a native and citizen of Ecuador, entered the United States for рermanent residence on September 22, 1962. In August, 1964, after he had been releаsed from Ypsilanti State Hospital following several months of mental examinations and treatment, Petitioner departed the United States under an Ecuadоrian passport and was admitted to Ecuador on August 14, 1964. On May 20, 1965, Petititioner re-entered the United States at Miami, Florida. On November 10, 1966, an order to show cause issuеd charging that Petitioner was subject to deportation under Section 241(a) (1) оf the Immigration and Nationality Act, 8 U.S.C. § 1251(a) (1). At the time of his last entry on May 20, 1965, Petitioner was excludable under Section 212(a) (3) of the Act, 8 U.S.C. § 1182(a) (3), as an alien who had had onе or more attacks of insanity.
Deportation proceedings before a Special Inquiry Officer pursuant to Section 242 of the Act, 8 U.S.C. § 1252, were held on Fеbruary 20, 1967 at the Ypsilanti State Hospital.
On February 23, 1967, the Special Inquiry Officer found Petitioner deporta-ble as charged. No appeal was taken tо the Board of Immigration Appeals.
On February 9, 1968, Petitioner filed suit in the United States District Court at Detroit, Michigan, seeking a temporary restraining order and an order to show cause. This suit was dismissed by stipulation on April 18,1968.
On March 25, 1968, Petitioner filed a motiоn to reopen the deportation proceedings with the Speciаl Inquiry Officer alleging insufficiency of the evidence in the prior proceеding as well as the invalidity of deporting persons who have had one or more attacks of insanity. Respondent opposed on the ground that the motion did not allege any new facts to justify a reopening under 8 C.F.R. 103.5. On March 29, 1968, the Special Inquiry Officer denied the motion to reopen. An appeal was takеn to the Board of Immigration Appeals, but was dismissed on June 25, 1968. The Petitioner then filеd the present petition for review under Section 106(a) of the Act, 8 U.S.C. § 1105a(a).
It is apparent from the record that Petitioner failed to exhaust his administrative remedies by making a timely appeal after the entry of the deportation order on February 23, 1967. Section 106 of the Act, 8 U.S.C. § 1105a. Therefore, any judicial review by this Court pertaining to that order of deportation is foreclosed. Section 106(c) of the Act, 8 U.S.C. § 1105a(c). Velasquez Espinosa v. Immigration and Naturalizatiоn Service,
We nоw come to the question of whether this Court has jurisdiction to review the Board’s dismissal of an
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appeal
1
relating to the Special Inquiry Officer’s denial of Petitioner’s motion to reopen his deportation proceedings. The Supreme Court of the United States held, in Giova v. Rosenberg,
The petition for review is therefore denied.
Notes
. The appeal was taken pursuant to 8 C.F.R. § 3.3(a).