Ignacio Lopez-Ruiz v. John Ashcroft, Attorney General

Good Law
2002 Daily Journal DAR 8712·298 F.3d 886·2002 WL 1773036·2002 Cal. Daily Op. Serv. 6979·2002 U.S. App. LEXIS 15474
United States Court of Appeals for the Ninth CircuitAugust 2, 200201-70285California431 words

Opinion

Opinion

ORDER

Ignacio Lopez-Ruiz timely appealed to this court the BIA’s decision to affirm an order for his removal. Lopez-Ruiz’ substantive argument is that his drug-related criminal conviction in 1998 was not for an aggravated felony. The 1998 California conviction, which formed the only basis for Lopez-Ruiz’ removal, has since been vacated. On April 29, 2002, the BIA granted a motion to reopen and remanded to the Immigration Judge (IJ) so that the IJ could consider the pertinence, if any, to his immigration case of the vacating of Lopez-Ruiz’ sentence.

Lopez-Ruiz asks us to hold his appeal in abeyance pending a new administrative decision by the BIA. The government asks us to dismiss for lack of jurisdiction.

The BIA’s granting of the motion to reopen means there is no longer a final decision to review. This court only reviews final orders of removal. See, e.g., 8 U.S.C. §§ 1252 (a)(1), 1252(b)(1). In Escobar Ruiz v. INS, 838 F.2d 1020, 1022 (9th Cir.1988), overruled on other grounds by Ardestani v. INS, 502 U.S. 129 , 112 S.Ct. 515 , 116 L.Ed.2d 496 (1991), for example, we dismissed a petition for review as moot where the BIA ordered deportation proceedings reopened following oral…

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