Medina-Munoz

MEMORANDUM *

Antonio Medina-Munoz (Medina), a native and citizen of Mexico, filed a Petition for Writ of Habeas Corpus on August 20, 2004, seeking a stay of removal. Under the REAL ID Act of 2005, Pub.L. No. 109-13, 119 Stat. 231 (2005), we construe Medina’s appeal as a petition for review of a final decision of the Board of Immigration Appeals (BIA), 1 and review the BIA’s orders, rather than the district court’s decision. 2 Alvarez-Barajas v. Gonzales, 418 *716 F.3d 1050, 1053 (9th Cir.2005). Because we view Medina’s appeal as a petition for review, his removal to Mexico does not moot his petition for review of the removal order. See Zegarra-Gomez v. INS, 314 F.3d 1124, 1127 (9th Cir.2003).

In reviewing orders of the BIA, we consider only the grounds invoked by the agency in denying relief. SEC v. Chenery Corp., 332 U.S. 194, 196 , 67 S.Ct. 1575 , 91 L.Ed. 1995 (1947). In his removal proceedings, Medina sought to adjust his status based on an approved relative visa petition submitted by his father-in-law. The BIA noted that the death of Medina’s father-in-law automatically revoked the approval of the relative visa petition. In his motion to reopen, Medina argued that the…