Mauricio Santos v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION OCT 7 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MAURICIO SANTOS, No. 09-71313
Petitioner, Agency No. A095-731-922
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 27, 2011 **
Before: SILVERMAN, W. FLETCHER, and MURGUIA, Circuit Judges.
Mauricio Santos, a native and citizen of Guatemala, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for relief under the
*
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).
Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C.
§ 1252. Lemus-Galvan v. Mukasey, 518 F.3d 1081, 1082-83 (9th Cir. 2008).
In his opening brief, Santos states he has been removed. We lack
jurisdiction over the petition for review because Santos’ CAT claim is moot, due to
Santos having been removed to Guatemala. See Kaur v. Holder, 561 F.3d 957, 959
(9th Cir. 2009) (“[W]e cannot give [the petitioner] any relief with respect to
withholding because he has already been deported and he suffers no collateral
consequence from the withholding decision. There is simply no live
controversy.”). Therefore, we dismiss the petition for review.
PETITION FOR REVIEW DISMISSED.
2 09-71313