MACJHAY YAGAO V. JEFFERSON SESSIONS, No. 16-72812 (9th Cir. 2018)

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This opinion or order relates to an opinion or order originally issued on May 22, 2018.

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 14 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MACJHAY YAGAO, Petitioner, No. 16-72812 Agency No. A044-946-445 v. ORDER* MATTHEW G. WHITAKER, Acting Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted April 13, 2018 Pasadena, California Before: SCHROEDER, CLIFTON, and M. SMITH, Circuit Judges. Petitioner has filed a request to withdraw the Court's memorandum disposition in light of the BIA's order reopening proceedings. The Government agrees and has moved for withdrawal of the disposition as well. The memorandum issued on May 22, 2018 is WITHDRAWN. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. The petition for panel rehearing, Docket No. 55, is DENIED as moot. There is no longer a final order of removal before the Court given the BIA's decision to reopen Petitioner's removal proceedings. Accordingly, the petition for review is DISMISSED for lack of jurisdiction. 2

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