Johannis Ruaw v. Eric H. Holder Jr.
Opinion
Opinion
MEMORANDUM
Johannis Jorry Ruaw and Maurits Ruaw, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we dismiss in part and deny in part the petition for review.
On November 17, 2010, the BIA reopened proceedings with respect to Johannis (A078-O2(M00), so that he could pursue adjustment of status. Consequently, there is no final order of removal currently in effect as to Johannis, and this, court lacks jurisdiction over his petition for review. See 8 U.S.C. § 1252 (a)(1); cf. Alcala v. Holder, 563 F.3d 1009 (9th Cir.2009). We dismiss the petition for review with respect to Johannis.
In the opening brief, Maurits does not challenge the agency’s dispositive finding that his application for asylum was untimely. Accordingly, we deny the petition for review as to his asylum claim.