859 F. 2d 154 - Martinez-Ayala v. Immigration and Naturalization Service
859 F2d 154 Martinez-Ayala v. Immigration and Naturalization Service
859 F.2d 154
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Jose MARTINEZ-AYALA, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
No. 86-7122.
United States Court of Appeals, Ninth Circuit.
Sept. 15, 1988.
Before HUG, SCHROEDER and ALARCON, Circuit Judges.
ORDER
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On January 20, 1987, we stayed proceedings in this case until further order pending disposition of petitioner's application for legalization under the Immigration Reform and Control Act of 1986.
On December 3, 1987, Martinez-Ayala's status was adjusted to "that of an alien lawfully admitted for temporary residence" pursuant to the Immigration Reform and Control Act of 1986, 8 U.S.C. Sec. 1255a(a). Under the applicable law, petitioner must now wait a minimum of 18 months, and at a maximum 30 months, before he can apply for permanent residency. 53 Fed.Reg. 9280 (March 21, 1988) (to be codified at 8 C.F.R. Sec. 245(4)(c)).
We therefore dismiss the petition for review without prejudice to reinstatement. If, by termination of his temporary resident status, by denial of his application for permanent resident status, or by any other means, Martinez-Ayala becomes subject to deportation pursuant to the order of deportation now under review, he may refile his petition for review. If the petitioner refiles his petition, the clerk shall assign the case to a three-judge panel in the normal manner.