MARTINEZ v. BARR (2020)

MEMORANDUM **

Petitioner Jose Nahyn Martinez, a native and citizen of Honduras, timely petitioned for review of the Board of Immigration Appeals’ dismissal of his appeal from an immigration judge's denial of his applications for withholding of removal and relief under the Convention Against Torture. Because the petition has become moot, we must dismiss it for lack of jurisdiction. Gator.com Corp. v. L.L. Bean, Inc., 398 F.3d 1125, 1128–29 (9th Cir. 2005) (en banc).

Petitioner was voluntarily removed to Honduras while this appeal was pending. He therefore abandoned his applications for relief. 8 C.F.R. § 1208.8(a). Moreover, Petitioner became ineligible for withholding of removal and relief under the Convention Against Torture because both forms of relief, if granted, would prohibit Petitioner's removal, which is no longer possible. See 8 U.S.C. § 1231(b)(3)(A) (providing that, if the standard for withholding of removal is satisfied, “the Attorney General may not remove an alien”); 8 C.F.R. § 1208.16(c)(4) (“Protection under the Convention Against Torture will be granted either in the form of withholding of removal or in the form of deferral of removal.”). And Petitioner asserts no “collateral consequence” that keeps his case live. Del Cid Marroquin v. Lynch, 823 F.3d 933, 935 (9th Cir. 2016) (per curiam) (internal quotation marks omitted). Accordingly, there is no “live controversy” and further action on this case would be outside the “constitutional purview” of this court. Gator.com Corp., 398 F.3d at 1128–29.

DISMISSED.