Xiu Ying Lieu v. U.S. Attorney General

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-13000
Non-Argument Calendar
____________________
XIU YING LIEU,
Petitioner,
versus
U.S. ATTORNEY GENERAL,
Respondent.
____________________
Petition for Review of a Decision of the
Board of Immigration Appeals
Agency No. A076-999-989
____________________
USCA11 Case: 23-13000 Document: 18-1 Date Filed: 03/18/2024 Page: 1 of 2

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2 Opinion of the Court 23-13000
Before ROSENBAUM, N EWSOM, and A BUDU , Circuit Judges.
PER CURIAM:
In September 2023, Xiu Ying Lieu filed a petition for review
of the Board of Immigration Appeals’ (“BIA”) 2023 order denying
her motion to reopen and terminate removal proceedings. In Jan-
uary 2024, Lieu filed an unopposed motion to dismiss her petition
for lack of jurisdiction. Lieu asserts that the BIA granted a motion
to reopen and dismiss her removal proceedings, meaning that she
is no longer the subject of a final removal order.
Although Lieu’s removal order was final at the time she filed
the instant petition for review, the BIA’s decision to reopen and dis-
miss her removal proceedings rendered her removal order non-fi-
nal, thereby depriving us of jurisdiction to consider the petition for
review. See 8 U.S.C. § 1252(a)(1), (b)(9) & (d); cf. Jaernauth v. U.S.
Att’y Gen., 432 F.3d 1346, 1351-52 (11th Cir. 2005) (concluding that
we had jurisdiction after the BIA granted reconsideration but ex-
plicitly upheld the earlier removal order).
Accordingly, Lieu’s motion to dismiss is GRANTED and this
appeal is DISMISSED for lack of jurisdiction.
USCA11 Case: 23-13000 Document: 18-1 Date Filed: 03/18/2024 Page: 2 of 2

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