Huazhong Xu v. Loretta E. Lynch

FILED NOT FOR PUBLICATION MAY 12 2016 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT HUAZHONG XU, No. 13-71977 Petitioner, Agency No. A077-163-639 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 9, 2016** San Francisco, California Before: KLEINFELD, IKUTA, and WATFORD, Circuit Judges. Huazhong Xu petitions for review of the decision of the Board of Immigration Appeals (BIA) vacating the Immigration Judge’s (IJ) grant of protection under the Convention Against Torture and remanding for further proceedings. * 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). Under 8 U.S.C. § 1252(a), our review is limited to final orders of removal. See Lopez-Ruiz v. Ashcroft, 298 F.3d 886, 887 (9th Cir. 2002). When, as here, “the BIA remands to the IJ for any reason, no final order of removal exists until all administrative proceedings have concluded.” Abdisalan v. Holder, 774 F.3d 517, 526 (9th Cir. 2014) (en banc). Accordingly, we lack jurisdiction over Xu’s petition for review. PETITION DISMISSED.