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BORJAS BORJAS v. GARLAND (2021)

United States Court of Appeals, Ninth Circuit.2021-03-22No. No. 20-16957

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Opinion

MEMORANDUM **

Miliam Margarita Borjas-Borjas appeals the district courts order dismissing her petition for a writ of habeas corpus and complaint for injunctive and declaratory relief. Because the appeal has become moot, we dismiss it for lack of jurisdiction. See Gator.com Corp. v. L.L. Bean, Inc., 398 F.3d 1125, 1128-29 (9th Cir. 2005) (en banc).

Borjas-Borjass contentions raised in this appeal all challenge the prospect of her removal prior to the adjudication of a motion to reopen filed with the Board of Immigration Appeals (“BIA”) on February 4, 2020. On February 3, 2021, the court issued an order notifying Borjas-Borjas that publicly available information indicated the BIA denied the motion to reopen on December 8, 2020, and required Borjas-Borjas to explain why this appeal should not be dismissed as moot. Borjas-Borjass response to the courts order (Docket Entry No. 16) informed the court that she has not filed an appeal or petition for review of the BIAs denial of her motion to reopen. Because the BIA has adjudicated the motion to reopen, Borjas-Borjass appeal is moot. Accordingly, we dismiss for lack of jurisdiction. See Public Utilities Commn v. FERC, 100 F.3d 1451, 1458 (9th Cir. 1996) (case no longer presenting a live controversy is moot and must be dismissed for lack of jurisdiction).

Borjas-Borjass request for oral argument, raised in her opening brief, is denied as moot.

DISMISSED.