Theodore v. Garland

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 11, 2023
• Docket: 22-60410
• Status: Unpublished

Opinion

Case: 22-60410 Document: 00516816442 Page: 1 Date Filed: 07/11/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED July 11, 2023 No. 22-60410 ____________ Lyle W. Cayce Clerk Hemco Theodore,

Petitioner,

versus

Merrick Garland, U.S. Attorney General,

Respondent. ______________________________

Petition for Review of an Order of the Board of Immigration Appeals Agency No. A074 648 642 ______________________________

Before Higginbotham, Graves, and Douglas, Circuit Judges. Per Curiam: * Hemco Theodore is a native and citizen of Haiti. He petitions us to review an immigration judge’s (“IJ”) negative reasonable fear and adverse credibility findings. However, we lack jurisdiction. While his challenge was pending, Theodore was removed back to Haiti, thus mooting his petition. See Mendoza-Flores v. Rosen, 983 F.3d 845, 847 (5th Cir. 2020). Theodore does

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-60410 Document: 00516816442 Page: 2 Date Filed: 07/11/2023

No. 22-60410

not challenge his removal order nor the reinstatement of that order, and we do not find he is likely to suffer any collateral consequences from the IJ’s decision. See id. at 848; Molina-Dominguez v. Garland, No. 21-60644, 2023 U.S. App. LEXIS 3232 (5th Cir. Feb. 9, 2023); Brenes-Lezama v. Garland, No. 20-60126, 2021 U.S. App. LEXIS 34244 (5th Cir. Nov. 18, 2021). Theodore’s petition is therefore DISMISSED as moot.