Lucio Rosas v. Eric Holder, Jr.

                                                                            FILED
                             NOT FOR PUBLICATION                            MAR 16 2015

                                                                         MOLLY C. DWYER, CLERK
                     UNITED STATES COURT OF APPEALS                       U.S. COURT OF APPEALS



                             FOR THE NINTH CIRCUIT


LUCIO ROSAS,                                     No. 13-71365

               Petitioner,                       Agency No. A096-322-873

  v.
                                                 MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,

               Respondent.


                      On Petition for Review of an Order of the
                          Board of Immigration Appeals

                             Submitted March 10, 2015**

Before:        FARRIS, WARDLAW, and PAEZ, Circuit Judges.

       Lucio Rosas, a native and citizen of Mexico, petitions pro se for review of

the Board of Immigration Appeals’ order dismissing his appeal from an

immigration judge’s decision denying his request for a continuance and entering an

order of removal. 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).
      Rosas sought a continuance of his removal proceedings in order to file a

motion to vacate the state convictions that rendered him ineligible for cancellation

of removal. Rosas’ motion to vacate has now been denied. Oklahoma v. Rosas,

No. CM-1997-00242 (June 20, 2013). Accordingly, his challenge to the denial of

the continuance to pursue that relief is moot. See Pedroza-Padilla v. Gonzales,

486 F.3d 1362, 1364 n.2 (9th Cir. 2007); see also United States v. Strong, 489 F.3d

1055, 1059 (9th Cir. 2007) (“An appeal is moot when, by virtue of an intervening

event, a court of appeals cannot grant any effectual relief whatever in favor of the

appellant.” (citation and internal quotation marks omitted)).

      PETITION FOR REVIEW DISMISSED.




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