Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

Romeo Umagat TIMBREZA, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent. Alberto R. Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General of the United States, pursuant to Fed.R.App.P. 43(c)(2).

ORDER

Petitioner's unopposed Motion for Voluntary Dismissal of his Petition for Review is hereby GRANTED.

We previously denied the Petition for Review. Timbreza v. Ashcroft, 98 Fed. Appx. 611 (9th Cir. 2004) (unpublished disposition) (filed May 5, 2004). However, before that decision was rendered, and without notice being given to this court by the parties in their briefing or otherwise, on March 3, 2003, the Board of Immigration Appeals reopened petitioner's removal proceedings. The result was that this court was not reviewing a final order of removal, contrary to the suggestion in the briefs. We have no jurisdiction to review this case without a final order of removal. See, e.g., Lopez-Ruiz v. Ashcroft, 298 F.3d 886, 887 (9th Cir. 2002). The parties are instructed in other like circumstances to give notice to this court. Our May 5, 2004 disposition, which rested on the false premise that we were reviewing a final order of removal, is hereby VACATED.

IT IS SO ORDERED.

Use AI to get other relevant cases.

Comments

TIMBREZA v. GONZALES
(Jun 7, 2005)