Ana Mendez v. Loretta E. Lynch

FILED NOT FOR PUBLICATION APR 18 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ANA BERTHA MENDEZ, AKA Ana No. 13-70508 Bertha Gutierre Cervantes, AKA Veronica Cervantes Ruiz, AKA Claudia Dinhorah Agency No. A096-232-155 Lopez Caro, Petitioner, MEMORANDUM* v. LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 13, 2016** Before: FARRIS, TALLMAN, and BYBEE, Circuit Judges. Ana Bertha Mendez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to remand * 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). and dismissing her appeal from an immigration judge’s decision terminating her removal proceedings. We dismiss the petition for review. Because an order terminating removal proceedings is not a final order of removal, we lack jurisdiction to consider Mendez’s petition for review. See Alcala v. Holder, 563 F.3d 1009, 1013-16 (9th Cir. 2009); see also 8 U.S.C. § 1252(b)(9) (“Judicial review of all questions of law and fact . . . shall be available only in judicial review of a final order [of removal].”). In light of this disposition, we do not reach Mendez’s request for remand to apply for relief from removal. PETITION FOR REVIEW DISMISSED. 2 13-70508