Gutierrez v. Holder

Ninth Circuit Court of Appeals

Decided Feb. 14, 2013.

Ninth Circuit Court of Appeals · decided 2013-02-14

2 counsel of record

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Lopez-Ruiz v. Ashcroft

Decided 2013-02-14

¶1Robert G. Berke, Esquire, Los Angeles, CA, for Petitioner.

¶2Chief Counsel Ice, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Daniel Shieh, Esquire, U.S. Department of Justice, Washington, DC, for Respondent.

¶3Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.

¶4ORDER

¶5On October 31, 2011, the Board of Immigration Appeals reopened and remanded the proceedings in this case to the immigration judge. Consequently, there is no final order of removal currently in effect and this court lacks jurisdiction over the petition for review. See 8 U.S.C. § 1252(a)(1); Lopez-Ruiz v. Ashcroft, 298 F.3d 886, 887 (9th Cir.2002) (order).

¶6 *1099PETITION FOR REVIEW DISMISSED.