Estela Hernandez De Montes v. Jefferson Sessions

696 F. App'x 823

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 24, 2017
• Docket: 09-72065
• Status: Unpublished

Opinion

MEMORANDUM **

Petitioner Estela Maria Hernandez De Montes petitions for review of an order by the Board of Immigration Appeals denying Petitioner’s third motion to reopen to reapply for asylum, for withholding of removal and relief under the Convention Against Torture, and to reapply for cancellation of removal (the “Motion”). The Motion sought relief based on Petitioner’s husband’s then-existing medical condition—“end stage renal failure awaiting availability of an organ transplantation,” which “requires hemo-dialysis three (3) times per week.” Petitioner’s husband has since received a kidney transplant.

Accordingly, we dismiss the appeal as moot. See Pilate v. Burrell (In re Burrell), 415 F.3d 994, 998 (9th Cir. 2005) (“A case is moot if the issues presented are no longer live and there fails to be a ‘case or controversy’ under Article III of the Constitution.”); Pub. Utils. Comm’n v. FERC, 100 F.3d 1451, 1458 (9th Cir. 1996) (“The court must be able to grant effective relief, or it lacks jurisdiction and must dismiss the appeal.”).

DISMISSED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.