U.S. Court of Appeals for the Third Circuit, 2004

Imad Musa Ahmed Musa v. Atty Gen USA

Imad Musa Ahmed Musa v. Atty Gen USA
U.S. Court of Appeals for the Third Circuit · Decided June 25, 2004 · Alito, Smith, Becker
101 F. App'x 379

Imad Musa Ahmed Musa v. Atty Gen USA

Opinion

OPINION OF THE COURT

PER CURIAM:

Imad Musa petitions for review of the denial by the Board of Immigration Appeals (BIA) of his application for asylum and other relief. On February 12, 2004, the BIA ruled that, certain irregularities in the original disposition of Musa’s case by the Immigration Judge (IJ) having been brought to its attention, the prior decision of the Board was to be vacated and the case remanded to the IJ “for further proceedings and for the entry of a new decision.” Accordingly, there is no longer any “final order of removal” extant that this Court has jurisdiction to review. See 8 U.S.C. § 1252(a)(1); Calcano-Marbinez v. INS, 533 U.S. 348, 350, 121 S.Ct. 2268, 150 L.Ed.2d 392 (2001). We therefore dismiss Musa’s petition for lack of jurisdiction, without prejudice to whatever right he may have to raise his claims before this Court at a later date, should the occasion arise. Cf. Lopez-Ruiz v. Ashcroft, 298 F.3d 886 (9th Cir. 2002) (dismissing review petition for lack of jurisdiction where BIA has granted motion to reopen).

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