Michel Rojas Prieto v. U.S. Attorney General

USCA11 Case: 26-11072 Document: 13-1 Date Filed: 04/09/2026 Page: 1 of 2

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 26-11072 Non-Argument Calendar ____________________ MICHEL ROJAS PRIETO, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A240-615-293 ____________________ Before BRANCH, LUCK, and KIDD, Circuit Judges.

PER CURIAM: Michel Rojas Prieto, a native and citizen of Cuba proceeding pro se, petitions us for review of the Board of Immigration Ap- peals’s (“BIA”) March 9, 2026, order affirming the immigration USCA11 Case: 26-11072 Document: 13-1 Date Filed: 04/09/2026 Page: 2 of 2

2 Opinion of the Court 26-11072 judge’s (“IJ”) order granting the Department of Homeland Secu- rity’s (“DHS”) motion under 8 C.F.R. § 1239.2(c) to dismiss re- moval proceedings against Prieto. The government moves to dis- miss the petition for lack of jurisdiction.

In immigration cases, we generally have jurisdiction only to review final orders of removal. See 8 U.S.C. § 1252(a)(1); Jagger- nauth v. U.S. Att’y Gen., 432 F.3d 1346, 1350 (11th Cir. 2005). After commencement of removal proceedings, DHS may move the IJ to dismiss the proceedings under any ground enumerated in 8 C.F.R. § 239.2(a). 8 C.F.R. §§ 239.2(a), 239.2(c), 1239.2(c).

We lack jurisdiction over Prieto’s petition because he has not brought to us a final order of removal to invoke our review. 8 U.S.C. § 1252(a)(1); Jaggernauth, 432 F.3d at 1350. The BIA order affirmed the IJ’s dismissal of removal proceedings, so that order is not a final order of removal. Nothing in the available record shows that the government has obtained a final order of removal against Prieto, and neither party suggests there is such an order.

Accordingly, we GRANT the government’s motion and DISMISS the petition for lack of jurisdiction. Prieto’s motion for stay of removal is DENIED as moot.