Charles Ani v. Eric Holder, Jr., No. 13-1697 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1697 CHARLES OWUSU ANI, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: November 26, 2013 Decided: December 19, 2013 Before NIEMEYER, KING, and DUNCAN, Circuit Judges. Petition dismissed by unpublished per curiam opinion. David Goren, LAW OFFICE OF DAVID GOREN, Silver Spring, Maryland, for Petitioner. Stuart F. Delery, Assistant Attorney General, Linda S. Wernery, Assistant Director, James E. Grimes, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Charles Owusu petitions this court Appeals ( Board ) Ani, for order a native review of and the affirming citizen Board the of of Ghana, Immigration immigration judge s denial of his request to continue his removal proceedings. sought a continuance to allow his wife, who is an Ani American citizen, to administratively appeal USCIS s * order revoking its prior approval of the I-130 visa petition she had filed for Ani s benefit. The Attorney General argues that this petition for been review has rendered affirmance of USCIS s decision. moot by the Board s subsequent We agree. Whether the court is presented with a live case or controversy is an issue that goes to the heart of the Article III jurisdiction of the courts. 290 F.3d omitted). 191, 197 (4th Cir. Friedman s, Inc. v. Dunlap, 2002) (internal quotation marks To qualify for adjudication in federal court, an actual controversy must be extant at all stages of review, not merely at the time the complaint is filed. Arizonans for Official English v. Arizona, 520 U.S. 43, 67 (1997) (internal quotation marks omitted). [I]f an event occurs while a case is pending on appeal that makes it impossible for the court to grant any effectual relief whatever to a prevailing party, the * United States Citizenship and Immigration Services. 2 appeal must be dismissed. Church of Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)). The sole issue in this petition for review is Ani s challenge to the Board s decision affirming the judge s denial of his request for a continuance. immigration Even if we were to accept Ani s arguments and remand the case, Ani s basis for seeking a continuance is no longer viable. Therefore, we cannot render a decision that would affect Ani s legal rights. See Qureshi v. Gonzales, 442 F.3d 985, 988-89 (7th Cir. 2006). We moot. legal before accordingly dismiss this petition for review as We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. PETITION DISMISSED 3