Tjahjadin

ORDER WITHDRAWING MEMORANDUM DISPOSITION AND TRANSFERRING CASE

The memorandum disposition filed February 23, 2005, 123 Fed.Appx. 327 , is withdrawn and replaced by the following order:

Imelda Tjahjadin, a native and citizen of Indonesia, claimed persecution on account of her Chinese ethnicity, her sex and her Buddhist religion. The Immigration Judge (“IJ”) granted Tjahjadin’s application for asylum based on Indonesia’s history of discrimination and harassment of its ethnic Chinese. The Board of Immigration Appeals (“BIA”) vacated the IJ’s decision and ordered Tjahjadin removed to Indonesia. The BIA also denied Tjahjadin’s later motion to reopen her case. Tjahjadin petitions for review of the BIA’s rulings. The BIA had no authority to issue an order removing Tjahjadin to Indonesia. 1 See Molina-Camacho v. Ashcroft, 393 F.3d 937, 941 (9th Cir.2004). As in Molincir-Camacho, the BIA’s act of issuing an ultra vires removal order “renders that portion of the proceedings a ‘legal *699 nullity.’ ” Id. (quoting Noriega-Lopez v. Ashcroft, 335 F.3d 874, 884 (9th Cir.2003)). Thus, we have no final order of removal before us, and we lack jurisdiction under 8 U.S.C. § 1252 to review this…