NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUN 02 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
EMILIANO ARGUETA ALANIS, No. 08-70370
Petitioner, Agency No. A092-183-416
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Department of Homeland Security
Submitted March 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Emiliano Argueta Alanis, a native and citizen of Mexico, petitions for
review of the Department of Homeland Security’s (“DHS”) summary removal
order. We dismiss the petition for review.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Because the DHS cancelled Alanis’ removal order on May 20, 2009, there is
no longer a final order of removal for this court to review. See generally
Lopez-Ruiz v. Ashcroft, 298 F.3d 886, 887 (9th Cir. 2002) (order). We therefore
lack jurisdiction over this petition for review. See 8 U.S.C. § 1252(a)(1); see also
Alcala v. Holder, 563 F.3d 1009, 1016 (9th Cir. 2009) (“[W]here there is no final
order of removal, this court lacks jurisdiction even where a constitutional claim or
question of law is raised.”).
PETITION FOR REVIEW DISMISSED.
2 08-70370