Huazhong Xu v. Loretta E. Lynch

FILED
NOT FOR PUBLICATION
MAY 12 2016
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
HUAZHONG XU, No. 13-71977
Petitioner, Agency No. A077-163-639
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 9, 2016**
San Francisco, California
Before: KLEINFELD, IKUTA, and WATFORD, Circuit Judges.
Huazhong Xu petitions for review of the decision of the Board of
Immigration Appeals (BIA) vacating the Immigration Judge’s (IJ) grant of
protection under the Convention Against Torture and remanding for further
proceedings.
*
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).
Under 8 U.S.C. § 1252(a), our review is limited to final orders of removal.
See Lopez-Ruiz v. Ashcroft, 298 F.3d 886, 887 (9th Cir. 2002). When, as here, “the
BIA remands to the IJ for any reason, no final order of removal exists until all
administrative proceedings have concluded.” Abdisalan v. Holder, 774 F.3d 517,
526 (9th Cir. 2014) (en banc). Accordingly, we lack jurisdiction over Xu’s petition
for review.
PETITION DISMISSED.