Chin Kak Joo v. Immigr. & Naturalization Serv., 813 F.2d 211 (9th Cir. 1987). · Go Syfert
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Chin Kak Joo v. Immigr. & Naturalization Serv., 813 F.2d 211 (9th Cir. 1987). Cases Citing This Book View Copy Cite
16 citation events (12 in the last 25 years) across 5 distinct courts.
Strongest positive: Santos Gonzalez Martinez v. Jefferson Sessions, 702 F. App'x 652 (9th Cir. 2017)
Statutes interpreted (leading-cases list)
#1 8 C.F.R. § 3.3(a) cited 1× in this case · 9 total citations of statute
How cited ↗
Cited for
At page 212 Waiver of right to appeal constitutes failure to exhaust remedies15 citing cases“a waiver of the right to appeal is a failure to exhaust administrative remedies.”3 citing courts quote it · 14 listed here
  • Santos Gonzalez Martinez v. Jefferson Sessions, 702 F. App'x 652 (9th Cir. 2017).unpublished
    (A waiver of the right to appeal is a failure to exhaust administrative remedies.)
  • Perez-Hernandez v. Attorney Gen. of the United States, 387 F. App'x 275 (3d Cir. 2010).unpublished
    Joo v. I.N.S., 813 F.2d 211, 212 (9th Cir.1987).
  • Ath v. Chertoff, 227 F. App'x 574 (9th Cir. 2007).unpublished
    “A waiver of the right to appeal is a failure to exhaust administrative remedies.” Joo v. INS, 813 F.2d 211, 212 (9th Cir.1987); see also Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).
  • Garcia-Reyes v. Ashcroft, 45 F. App'x 686 (9th Cir. 2002).unpublished
    Joo v. INS, 813 F.2d 211, 212 (9th Cir.1987) (per curiam); 8 U.S.C. § 1252 (d)(1). .
  • Franco v. Immigr. & Naturalization Serv., 31 F. App'x 561 (9th Cir. 2002).unpublished
    Cf. Joo v. INS, 813 F.2d 211, 212 (9th Cir.1987) (per curiam).
  • Georges Jacques Barou-Barukoff v. U.S. Immigr. & Naturalization Serv., 983 F.2d 1075 (9th Cir. 1993).unpublished
    Joo v. INS, 813 F.2d 211, 212 (9th Cir.1987).
  • McGuire v. U.S. Immigr. & Naturalization Serv., 804 F. Supp. 1229 (N.D. Cal. 1992).published
    E.g., Joo v. INS, 813 F.2d 211, 212 (9th Cir.1987) (per curiam) (appellate court lacked jurisdiction to review deportation order where alien departed country prior to deportation hearing); accord Joehar v. INS, 957 F.2d 887, 889 (D.C.Cir.1…
  • Jorge Medrano-Cortez v. Eric Holder, Jr., 469 F. App'x 654 (9th Cir. 2012).unpublished
    See United States v. Estrada-Torres, 179 F.3d 776, 781 (9th Cir.1999) (“Because the immigration judge explained the right to appeal to Estrada-Torres (with the other deportees) and individually asked him specifically if he wanted to appeal…
  • Kothandaraghupathy v. Gonzales, 176 F. App'x 749 (9th Cir. 2006).unpublished 2 cites
    See Joo v. INS, 813 F.2d 211, 212 (9th Cir.1987).
  • Balingasa v. Ashcroft, 107 F. App'x 104 (9th Cir. 2004).unpublished
    See Joo v. INS, 813 F.2d 211, 212 (9th Cir.1987) (per curiam).
Show 4 more citing cases
  • Serrato-Torres v. Ashcroft, 77 F. App'x 954 (9th Cir. 2003).unpublished
    See Joo v. INS, 813 F.2d 211, 212 (9th Cir.1987) (per curiam) (“A waiver of the right to appeal is a failure to exhaust administrative remedies.”).
  • Ticas-Azmitia v. Ashcroft, 42 F. App'x 986 (9th Cir. 2002).unpublished
    See Joo v. INS, 813 F.2d 211, 212 (9th Cir.1987); Thorsteinsson v. INS, 724 F.2d 1365, 1367 (9th Cir.1984).
  • Rodriguez-Mendez v. Ashcroft, 17 F. App'x 643 (9th Cir. 2001).unpublished
    See Joo v. INS, 813 F.2d 211, 212 (9th Cir.1987) (per curiam).
  • Roberto Andres Mejia-Ruiz v. Immigr. & Naturalization Serv., 51 F.3d 358 (2d Cir. 1995).published
    See, e.g., Joo v. INS, 813 F.2d 211, 212 (9th Cir.1987) (per curiam) (“A waiver of the right to appeal is a failure to exhaust administrative remedies.”).
Retrieving the full opinion text from the archive…
Chin Kak JOO, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent
86-7256.
Court of Appeals for the Ninth Circuit.
Mar 25, 1987.
Published opinion
813 F.2d 211
William F. Thompson, III, Honolulu, Hawaii, for petitioner., Michael C. Johnson, Washington, D.C., for respondent.
Hug, Alarcon, Stephens.
Cited by 16 opinions  |  Published
PER CURIAM:

In May of 1983, the INS issued an Order To Show Cause to C.K. Joo alleging that he had been employed in an unpermitted job and was therefore subject to deportation. Before his deportation hearing on September 15, 1983, Joo departed the United States. The immigration judge conducted the hearing in his absence and issued an order of deportation and a denial of voluntary departure. Joo filed a timely appeal to the BIA, and the BIA decided that it had no jurisdiction over the appeal because of his departure from the country prior to his appeal. Joo now petitions this court for review of the immigration judge’s action and the BIA’s decision. This court lacks jurisdiction to review Joo’s case because of his failure to exhaust his administrative remedies.

The applicable portion of 8 C.F.R. sec. 3.3(a) (1986) states: “Departure from the United States of a person under deportation proceedings prior to the taking of an appeal from a decision in his case shall constitute a waiver of his right to appeal.” A waiver of the right to appeal is a failure to exhaust administrative remedies. Hernandez-Almanza v. INS, 547 F.2d 100, 103 (9th Cir.1976); see also Kladis v. INS, 343 F.2d 513, 515 (7th Cir.1965). The failure to exhaust administrative remedies deprives this court of jurisdiction to review the order of deportation. 8 U.S.C. sec. 1105a(c).

In summary, the BIA correctly decided that it lacked jurisdiction over the appeal, and this court also lacks jurisdiction to review Joo’s case. The petition for review is DENIED.