Hasyimuddin

Hasyimuddin v. Holder

Good Law
473 F. App'x 666
United States Court of Appeals for the Ninth CircuitMay 23, 2012No. 09-73043California483 words

Opinion

Lead Opinion

MEMORANDUM **

Hasyimuddin Hasyimuddin and his family, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their application for withholding of removal and relief under the Convention *667 Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we review de novo claims of due process violations, Colmenar v. INS, 210 F.3d.967, 971 (9th Cir.2000). We dismiss in part and deny in part the petition for review.

Regarding derivative petitioners Andrew Hasyimuddin (A079-517-964) and Theresia Hasyimuddin (A079-517-965), on May 8, 2012 and May 16, 2012, respectively, the BIA reopened and terminated removal proceedings without prejudice to afford each of them the opportunity to apply for adjustment of status. Consequently, there is no final order of removal currently in effect for Andrew or Theresia, and this court lacks jurisdiction over the petition for review as to each of them. See 8 U.S.C. § 1252 (a)(1); cf. Alcala v. Holder, 563…

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