Hui Li v. Eric H. Holder Jr.

MEMORANDUM

Hui Li (“Li”), a native and citizen of China, seeks review of a Board of Immigration Appeals’ (“BIA”) decision affirming an Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal. The IJ found that Li lacked credibility.

We express no opinion on the adverse credibility issue at this time because of an intervening development: We were informed at oral argument that Li has voluntarily left the United States and returned to China. Li’s departure has potential legal ramifications for his case. Under IIRIRA, this court retains jurisdiction for petitioners who are “excluded, deported, or removed” while their petition for review is pending. See Mendez-Alcaraz v. Gonzales, 464 F.3d 842, 844 (9th Cir.2006) (holding petitioner’s removal to Mexico did not strip this court of jurisdiction). Here, Li was granted a temporary stay of removal. Despite this grant, Li left the United States voluntarily (not through exclusion, deportation, or removal). We therefore cannot determine whether Li’s asylum application survives his departure or whether Li’s departure mooted or abandoned his petition for review. See 8 C.F.R. § 1208.8 (a) (“An applicant who…