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Lucas v. Garland

United States Court of Appeals, Tenth Circuit
Jun 16, 2022
No. 20-9564 (10th Cir. Jun. 16, 2022)

Opinion

20-9564

06-16-2022

CARLOS MATEO LUCAS, Petitioner, v. MERRICK B. GARLAND, United States Attorney General, Respondent. CATHOLIC LEGAL IMMIGRATION NETWORK, INC.; DIOCESAN MIGRANT & REFUGEE SERVICES, INC.; FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT; IMMIGRANT JUSTICE CORPS; KIDS IN NEED OF DEFENSE; LAWYERS' COMMITTEE FOR CIVIL RIGHTS OF SAN FRANCISCO BAY AREA; NEW JERSEY CONSORTIUM FOR IMMIGRANT CHILDREN; NORTHWEST IMMIGRANT RIGHTS PROJECT; POLITICAL ASYLUM/IMMIGRATION REPRESENTATION PROJECT; PUBLIC COUNSEL; SAFE PASSAGE PROJECT; THE LEGAL AID SOCIETY; YOUNG CENTER FOR IMMIGRANT CHILDREN'S RIGHTS; THE DOOR, Amici Curiae.


(Petition for Review)

Before MATHESON, BACHARACH, and MORITZ, Circuit Judges.

ORDER

This matter is before the court on the parties' Joint Motion to Dismiss for Lack of Jurisdiction, by which they request that the court dismiss this petition for review for lack of jurisdiction because there is no longer a final order of removal. Upon consideration of the motion and applicable law, the court grants the motion and dismisses the petition for review for lack of jurisdiction. See 8 U.S.C. § 1252(a); see also Sanchez-Naranjo v. Holder, 510 Fed.Appx. 759, 760 (10th Cir. 2013) ("[W]hen, as here, the BIA reopens a previously concluded removal proceeding and remands for a new decision by the IJ, the prerequisite for circuit court jurisdiction ceases to exist and any pending petition for review must be dismissed.")

PETITION DISMISSED.


Summaries of

Lucas v. Garland

United States Court of Appeals, Tenth Circuit
Jun 16, 2022
No. 20-9564 (10th Cir. Jun. 16, 2022)
Case details for

Lucas v. Garland

Case Details

Full title:CARLOS MATEO LUCAS, Petitioner, v. MERRICK B. GARLAND, United States…

Court:United States Court of Appeals, Tenth Circuit

Date published: Jun 16, 2022

Citations

No. 20-9564 (10th Cir. Jun. 16, 2022)