YAGAO v. WHITAKER (2018)

United States Court of Appeals, Ninth Circuit.

Macjhay YAGAO, Petitioner, v. Matthew G. WHITAKER, Acting Attorney General, Respondent.

No. 16-72812

Decided: November 14, 2018

Before: SCHROEDER, CLIFTON, and M. SMITH, Circuit Judges.

Andrew Michael Knapp, Esquire, Attorney, Immigrant Access To Justice Assistance, Los Angeles, CA, Jennifer Lee Koh, Western State College of Law, Immigration Clinic, Irvine, CA, for Petitioner Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Erica Miles, Senior Litigation Counsel, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent Mark Robert Barr, Attorney, Lichter & Associates, P.C., Denver, CO, for Amicus Curiae American Immigration Lawyers Association

ORDER *

Petitioner has filed a request to withdraw the Court's memorandum disposition in light of the BIA's order reopening proceedings. The Government agrees and has moved for withdrawal of the disposition as well.

The memorandum issued on May 22, 2018 is WITHDRAWN.

The petition for panel rehearing, Docket No. 55, is DENIED as moot.

There is no longer a final order of removal before the Court given the BIA's decision to reopen Petitioner's removal proceedings. Accordingly, the petition for review is DISMISSED for lack of jurisdiction.

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