Xiu Ying Lieu v. U.S. Attorney General

• Court: Court of Appeals for the Eleventh Circuit
• Decided: March 18, 2024
• Docket: 23-13000
• Status: Unpublished

Opinion

USCA11 Case: 23-13000 Document: 18-1 Date Filed: 03/18/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 23-13000 Non-Argument Calendar ____________________

XIU YING LIEU, Petitioner, versus U.S. ATTORNEY GENERAL,

Respondent.

Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A076-999-989 ____________________ USCA11 Case: 23-13000 Document: 18-1 Date Filed: 03/18/2024 Page: 2 of 2

2 Opinion of the Court 23-13000

Before ROSENBAUM, NEWSOM, and ABUDU, Circuit Judges. PER CURIAM: In September 2023, Xiu Ying Lieu filed a petition for review of the Board of Immigration Appeals’ (“BIA”) 2023 order denying her motion to reopen and terminate removal proceedings. In Jan- uary 2024, Lieu filed an unopposed motion to dismiss her petition for lack of jurisdiction. Lieu asserts that the BIA granted a motion to reopen and dismiss her removal proceedings, meaning that she is no longer the subject of a final removal order. Although Lieu’s removal order was final at the time she filed the instant petition for review, the BIA’s decision to reopen and dis- miss her removal proceedings rendered her removal order non-fi- nal, thereby depriving us of jurisdiction to consider the petition for review. See 8 U.S.C. § 1252(a)(1), (b)(9) & (d); cf. Jaernauth v. U.S. Att’y Gen., 432 F.3d 1346, 1351-52 (11th Cir. 2005) (concluding that we had jurisdiction after the BIA granted reconsideration but ex- plicitly upheld the earlier removal order). Accordingly, Lieu’s motion to dismiss is GRANTED and this appeal is DISMISSED for lack of jurisdiction.