Potnis v. Holder
Potnis v. Holder
Opinion of the Court
ORDER
On November 3, 2009, we heard oral argument on Pushkar Potnis’s petition for
Potnis is correct that the BIA’s decision to reopen his ease affects our ability to consider his petition, but instead of remanding his petition to the BIA, we are compelled to dismiss it for lack of jurisdiction. Our jurisdiction is premised on the existence of a final order of the BIA. 8 U.S.C. § 1252(a)(1). The BIA’s order to reopen the proceedings in Potnis’s case “vacates the previous order of deportation or removal and reinstates the previously terminated immigration procedures.” Orichitch v. Gonzales, 421 F.3d 595, 598 (7th Cir. 2005); Bronisz v. Ashcroft, 378 F.3d 632, 637 (7th Cir. 2004). Because the previous order is vacated, we have no jurisdiction to consider it. Gao v. Gonzales, 464 F.3d 728, 730 (7th Cir. 2006). “The order sought to be reviewed is no more. Any judicial act while there is no outstanding order of removal would be advisory.” Id. We note that our order dismissing the case does not foreclose our future consideration of the issues in this petition in the event that Potnis seeks review of the Board’s determination of his reopened petition. Id.
Accordingly, Potnis’s petition for review is dismissed for lack of jurisdiction.
Reference
- Full Case Name
- Pushkar V. POTNIS v. Eric H. HOLDER, Jr., Attorney General of the United States
- Status
- Published