Rizalde Cuaderno Mendoza v. Immigration and Naturalization Service

17 F.3d 395 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rizalde Cuaderno MENDOZA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 93-70358. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1994. * Decided Feb. 10, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Rizalde Cuaderno Joselino Mendoza, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals' ("BIA") dismissal for lack of jurisdiction of Mendoza's motion for reinstatement of his voluntary departure period. We have jurisdiction pursuant to 8 U.S.C. Sec. 1105a(a), and we deny the petition for review as moot. 3 Mootness is a threshold issue. See Williams v. INS, 795 F.2d 738, 741 (9th Cir.1986). Because mootness is an element of justiciability, this court has a duty to consider it sua sponte. Canez v. Guerrero, 707 F.2d 443, 446 (9th Cir.1983). If the reviewing court can no longer grant effective…