Marek Kozlowski, Petitioner-appellant, v. Richard C. Smith, District Director, Director of Theimmigration and Naturalization Service;immigration and Naturalization Service,respondents-appellees, 28 F.3d 106 (9th Cir. 1994)

MEMORANDUM^** 

Marek Kozlowski, a native and citizen of Poland, appeals the district court's denial of his petition for a writ of habeas corpus. We have jurisdiction under 28 U.S.C. § 2253, and we dismiss Kozlowski's appeal as moot.

To satisfy Article III of the Constitution, an actual, live case or controversy must exist at all stages of judicial review. See Iron Arrow Honor Soc'y v. Heckler, 464 U.S. 67, 70 (1983) (per curiam). " 'Generally, an appeal will be dismissed as moot when events occur which prevent the appellate court from granting any effective relief even if the dispute is decided in favor of the appellant.' " Holloway v. United States, 789 F.2d 1372, 1373 (9th Cir. 1986) (quoting In re Combined Metals Reduction Co., 557 F.2d 179, 187 (9th Cir. 1977)).

In his habeas corpus petition, Kozlowski challenged his detention by Immigration and Naturalization Service ("INS") authorities on the grounds that (1) the District Director of the INS abused his discretion by denying Kozlowski's request for a stay of deportation pending a ruling by the Board of Immigration Appeals ("BIA") on Kozlowski's motion to reconsider the BIA's denial of his first motion to reopen his deportation proceeding on the basis of his eligibility for asylum, and (2) the BIA abused its discretion by denying his request for a stay of deportation pending consideration of his second motion to reopen based on an application for suspension of deportation under 8 U.S.C. § 1254(a) (1). The district court denied Kozlowski's petition on August 27, 1993. On September 1, 1993, Kozlowski was deported to Poland.

This court is unable to grant Kozlowski any effective relief. Kozlowski sought review of the District Director's and the BIA's decisions denying his requests for a stay of deportation. Because Kozlowski's deportation already has occurred, any decision we might make with respect to whether Kozlowski was entitled to a stay of deportation will not provide the relief sought. See Williams v. INS, 795 F.2d 738, 741 (9th Cir. 1986); Dan Caputo Co. v. Russian River County Sanitation Dist., 749 F.2d 571, 574 (9th Cir. 1984) (appeal of action to enjoin construction project moot where court could grant no effective relief because project completed).¹  Thus, because we cannot grant Kozlowski effective relief, we dismiss his appeal as moot.

DISMISSED.