Mambu Koroma v. Eric Holder, Jr., No. 09-60233 (5th Cir. 2010)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on February 18, 2010.
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Case: 09-60233 Document: 00511096349 Page: 1 Date Filed: 04/29/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-60233 Summary Calendar April 29, 2010 Lyle W. Cayce Clerk MAMBU JUSU KOROMA, Petitioner v. ERIC H. HOLDER, JR., U.S. ATTORNEY GENERAL, Respondent On Petition for Review of an Order Of the Board of Immigration Appeals Agency No. A46-943-157 Before BENAVIDES, PRADO, and SOUTHWICK, Circuit Judges. PER CURIAM:* The petition for rehearing is DENIED. We withdraw our previous opinion, Koroma v. Holder, No. 09-60233, 2010 WL 597404 (5th Cir. Feb. 12, 2010) (per curiam), and substitute the following: *** Mambu Jusu Koroma, a citizen of Sierra Leone, petitioned for review of * Pursuant to 5TH CIR . R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. Case: 09-60233 Document: 00511096349 Page: 2 Date Filed: 04/29/2010 No. 09-60233 the Board of Immigration Appeals ( BIA ) March 5, 2009 order, dismissing his appeal of the Immigration Judge s ( IJ ) June 7, 2006 decision denying Koroma s motion to terminate removal proceedings and ordering him removed. Koroma separately filed a motion to reopen with the BIA, and on December 7, 2009, the BIA granted the motion. The BIA remanded the case to an IJ for further proceedings. Counsel did not inform the Court of these developments in Koroma s case and we proceeded to the merits of Koroma s petition for review of the March 5th BIA order. The BIA s decision to reopen Koroma s removal proceedings deprives us of jurisdiction over his petition. See 8 U.S.C. ยง 1252(a)(1) (limiting this Court s jurisdiction to final order[s] of removal ); see also Moreira v. Mukasey, 509 F.3d 709, 712 14 (5th Cir. 2007) (declining to construe[] [the alien s petition] as requesting review of the BIA s eventual dismissal of his appeal and dismissing the petition absent a final order of removal). Therefore, we DISMISS Koroma s petition for lack of jurisdiction. DISMISSED. 2
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