Romeo Umagat Timbreza v. Alberto R. Gonzales, Attorney General

U.S. Court of Appeals for the Ninth Circuit
Romeo Umagat Timbreza v. Alberto R. Gonzales, Attorney General, 410 F.3d 1082 (9th Cir. 2005)
2005 WL 1331135

Romeo Umagat Timbreza v. Alberto R. Gonzales, Attorney General

Opinion

ORDER

Petitioner’s unopposed Motion for Voluntary Dismissal of his Petition for Review is hereby GRANTED.

We previously denied the Petition for Review. Timbreza v. Ashcroft, 98 Fed.Appx. 611 (9th Cir. 2004) (unpublished disposition) (filed May 5, 2004). However, before that decision was rendered, and without notice being given to this court by the parties in their briefing or otherwise, on March 3, 2003, the Board of Immigration Appeals reopened petitioner’s removal proceedings. The result was that this court was not reviewing a final order of removal, contrary to the suggestion in' the briefs. We have no jurisdiction to review this case without a final order of removal. See, e.g., Lopez-Ruiz v. Ashcroft, 298 F.3d 886, 887 (9th Cir. 2002). The parties are instructed in other like circumstances to give notice to this court. Our May 5, 2004 disposition, which rested on the false premise that we were reviewing a final order of removal, is hereby VACATED.

IT IS SO ORDERED-

Reference

Full Case Name
Romeo Umagat TIMBREZA, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent
Cited By
3 cases
Status
Published