U.S. Court of Appeals for the Ninth Circuit, 2009

Escobar v. Holder

U.S. Court of Appeals for the Ninth Circuit · Decided July 15, 2009 · Farris, Graber, Wardlaw

329 F. App'x 138

Counsel

Christopher John Stender, Esquire, Stender & Pope, PC, Christopher John Stender, Esquire, Stender & Lappin, San Diego, CA, for Petitioner., Carol Federighi, Esquire, Senior Litigation Counsel, Daniel Eric Goldman, Esquire, Senior Litigation Counsel, U.S. Department of Justice, Mona Maria Yousif, Trial, Washington, DC, CAS-District Counsel, Esquire, Office of the District Counsel Department of Homeland Security, San Diego,. CA, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Opinion of the Court

MEMORANDUM *

Subsequent to the date of argument and submission, on January 22, 2009, petitioner submitted a motion to reopen to the Board of Immigration Appeals (“BIA”). The BIA’s grant of this motion, prior to the issuance of our decision, rendered non-final the order of removal from which petitioner appealed. Accordingly, we lack jurisdiction under 8 U.S.C. § 1252 to entertain the petitions for review.

PETITIONS DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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