Encarnacion Gonzalez Garcia, et al v. Eric H. Holder Jr., No. 08-71864 (9th Cir. 2011)

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FILED UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ENCARNACION CLEOTILDE GONZALEZ GARCIA; et al., Petitioners, APR 14 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS No. 08-71864 Agency Nos. A071-583-699 A075-739-643 A075-731-152 v. ERIC H. HOLDER, Jr., Attorney General, ORDER Respondent. Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges. On April 21, 2010, the Board of Immigration Appeals ( BIA ) reopened proceedings in this case and remanded to the immigration judge to afford the lead petitioner the opportunity to apply for benefits under the Nicaraguan Adjustment and Central American Relief Act, Pub. L. No. 105-100, tit. II, 111 Stat. 2193, amended by Pub. L. No. 105-139 (1997). The BIA s order reopened and remanded the cases of all three petitioners. Consequently, there is no final order of removal currently in effect, and this court lacks jurisdiction over the petition for review. See 8 U.S.C. § 1252(a)(1); cf. Alcala v. Holder, 563 F.3d 1009 (9th Cir. 2009). PETITION FOR REVIEW DISMISSED WITHOUT PREJUDICE.

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