U.S. Court of Appeals for the Ninth Circuit, 2010

Valdiviezo-Aguilar v. Holder

Valdiviezo-Aguilar v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided October 20, 2010 · Cudahy, Wardlaw, Fletcher
400 F. App'x 220

Valdiviezo-Aguilar v. Holder

Opinion

MEMORANDUM ***

Alejandro Higinio Valdiviezo-Aguilar petitions for review of the decision of the Board of Immigration Appeals (BIA), which affirmed the Immigration Judge’s *221 (IJ’s) conclusion that he is removable under INA § 212(a)(2)(A)(i)(II) as an alien convicted of committing an offense “relating to a controlled substance.” The IJ also determined that Valdiviezo-Aguilar is removable under INA § 212(a)(7)(A)(i)(I) as an alien present in the United States and not in possession of any valid entry document. Valvidezo-Aguilar did not contest that basis for finding removability before the BIA; nor does he challenge it in his petition for review before us. Because Valdiviezo-Aguilar is removable in any event under INA § 212(a)(7)(A)(i)(I), we would be unable to provide any effective relief even if we were to decide the merits of his § 212(a)(2)(A)(i)(II) claim in his favor. Accordingly, Valdiviezo-Aguilar’s petition for review is moot, and must be dismissed. See Equal Employment Opportunity Comm’n v. Fed. Express Corp., 558 F.3d 842, 846-47 (9th Cir. 2009) (quoting Pub. Util. Comm’n v. FERC, 100 F.3d 1451, 1458 (9th Cir. 1996)).

DISMISSED.

***

This disposition is not appropriate for publication and is not precedent except as provid *221 ed by 9th Cir. R. 36-3.

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