Edgar Araujo-Gomez v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION DEC 16 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
EDGAR ARAUJO-GOMEZ, No. 12-73837
Petitioner, Agency No. A038-522-926
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 9, 2014**
Before: WALLACE, LEAVY, and BYBEE, Circuit Judges.
Edgar Araujo-Gomez, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his request for a continuance. We dismiss
the petition for review.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Araujo-Gomez sought a continuance of his removal proceedings in order to
file a petition for a writ of habeas corpus in federal court challenging the state
conviction that rendered him removable. Araujo-Gomez’s habeas petition has now
been dismissed. Araujo v. Napolitano, No. CV 12-7741-GAF (MAN), 2012 WL
4107846, at *2 (C.D. Cal. Sept. 18, 2012). Accordingly, his challenge to the denial
of the continuance to pursue that relief is moot. See Pedroza-Padilla v. Gonzales,
486 F.3d 1362, 1364 n.2 (9th Cir. 2007); see also United States v. Strong, 489 F.3d
1055, 1059 (9th Cir. 2007) (“[A] live case or controversy must be extant at all
stages of review. Otherwise, the case is moot and must be dismissed.” (quotation
marks and internal citation omitted)).
PETITION FOR REVIEW DISMISSED.
2 12-73837