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No. 8689270
United States Court of Appeals for the Ninth Circuit
Garcia v. Mukasey
No. 8689270 · Decided September 19, 2008
No. 8689270·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
September 19, 2008
Citation
No. 8689270
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Jose Luis Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) November 15, 2004 order sustaining the government’s appeal from an immigration judge’s (“U”) decision granting Garcia’s application for relief under former § 212(c) of the Immigration and Nationality Act. We dismiss the petition for review. On February 9, 2005, the BIA reopened proceedings sua sponte and remanded to the IJ for the entry of a final order of removal pursuant to Molina-Camacho v. Ashcroft, 393 F.3d 937 (9th Cir.2004), overruled by Lolong v. Gonzales, 484 F.3d 1173 (9th Cir.2007) (en banc). Because the November 15, 2004 order is no longer a final order of removal, we lack jurisdiction over the petition for review. See Lopez-Ruiz v. Ashcroft, 298 F.3d 886, 887 (9th Cir.2002) (order). PETITION FOR REVIEW DISMISSED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Jose Luis Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) November 15, 2004 order sustaining the government’s appeal from an immigration judge’s (“U”) decision granting
Key Points
01MEMORANDUM ** Jose Luis Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) November 15, 2004 order sustaining the government’s appeal from an immigration judge’s (“U”) decision granting
02On February 9, 2005, the BIA reopened proceedings sua sponte and remanded to the IJ for the entry of a final order of removal pursuant to Molina-Camacho v.
03Ashcroft, 393 F.3d 937 (9th Cir.2004), overruled by Lolong v.
04Because the November 15, 2004 order is no longer a final order of removal, we lack jurisdiction over the petition for review.
Frequently Asked Questions
MEMORANDUM ** Jose Luis Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) November 15, 2004 order sustaining the government’s appeal from an immigration judge’s (“U”) decision granting
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This case was decided on September 19, 2008.
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