Wilmer De Jesus Cruz v. U.S. Attorney General

• Court: Court of Appeals for the Eleventh Circuit
• Decided: March 29, 2024
• Docket: 23-12311
• Status: Unpublished

Opinion

USCA11 Case: 23-12311 Document: 21-1 Date Filed: 03/29/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 23-12311 Non-Argument Calendar ____________________

WILMER DE JESUS CRUZ, Petitioner, versus U.S. ATTORNEY GENERAL,

Respondent.

Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A099-255-306 ____________________ USCA11 Case: 23-12311 Document: 21-1 Date Filed: 03/29/2024 Page: 2 of 2

2 Opinion of the Court 23-12311

Before BRANCH, LUCK, and LAGOA, Circuit Judges. PER CURIAM: The Attorney General’s unopposed motion to dismiss the petition for review for lack of jurisdiction is GRANTED, and the petition is DISMISSED. Wilmer de Jesus Cruz filed the instant pe- tition for review of the June 28, 2023, Board of Immigration Ap- peals (“BIA”) decision dismissing his appeal of the Immigration Judge’s (“IJ”) final order of removal. Subsequently, the parties filed a joint motion with the BIA to reopen and remand the removal proceedings to the IJ, which the BIA granted on February 29, 2024. Accordingly, we lack jurisdiction because the IJ’s removal order is no longer a final order of removal. See 8 U.S.C. § 1252(a)(1), (b)(9) & (d); Jaggernauth v. U.S. Att’y Gen., 432 F.3d 1346, 1350 (11th Cir. 2005).