Rogelio Cardoso-Tlaseca v. Alberto R. Gonzales, Attorney General, Rogelio Cardoso-Tlaseca v. Alberto R. Gonzales, Attorney General

Rogelio Cardoso-Tlaseca (Cardoso), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (BIA) January 30, 2004, order denying his motion to reopen its September 30, 2003, order affirming an immigration judge’s (IJ) removal order and denial of his application for adjustment of status. (Appeal No. 04-70774). Cardoso also petitions for review of the BIA’s order denying his motion to reconsider its January 30, 2004, decision (Appeal No. 04-72264). In his motions Cardoso asserted that the conviction that had formed the basis for his removal order had been vacated. We grant the petition in 04-70774 and remand. We deny the petition in 04-72264 as moot.

JURISDICTION

We have jurisdiction to review the petitions under 8 U.S.C. § 1252 (a)(2)(D) as amended by § 106(a) of the REAL ID Act of 2005, Pub.L. No. 109-13, Div. B., § 106(a)(1)(A)(iii), 119 Stat. 231 , 310 (2005). See Notash v. Gonzales, 427 F.3d 693, 695-96 (9th Cir.2005). While we have no jurisdiction to review “any final order of removal against an alien who is removable by reason of having committed a criminal offense,” including a controlled substance offense, 8 U.S.C. §§ 1252 (a)(2)(C) and…