Wilmer De Jesus Cruz v. U.S. Attorney General

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-12311
Non-Argument Calendar
____________________
WILMER DE JESUS CRUZ,
Petitioner,
versus
U.S. ATTORNEY GENERAL,
Respondent.
____________________
Petition for Review of a Decision of the
Board of Immigration Appeals
Agency No. A099-255-306
____________________
USCA11 Case: 23-12311 Document: 21-1 Date Filed: 03/29/2024 Page: 1 of 2

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2 Opinion of the Court 23-12311
Before B RANCH, L UCK , and L AGOA , Circuit Judges.
PER CURIAM:
The Attorney General’s unopposed motion to dismiss the
petition for review for lack of jurisdiction is GRANTED, and the
petition is DISMISSED. Wilmer de Jesus Cruz filed the instant pe-
tition for review of the June 28, 2023, Board of Immigration Ap-
peals (“BIA”) decision dismissing his appeal of the Immigration
Judge’s (“IJ”) final order of removal. Subsequently, the parties filed
a joint motion with the BIA to reopen and remand the removal
proceedings to the IJ, which the BIA granted on February 29, 2024.
Accordingly, we lack jurisdiction because the IJ’s removal order is
no longer a final order of removal. See 8 U.S.C. § 1252(a)(1), (b)(9)
& (d); Jaggernauth v. U.S. Att’y Gen., 432 F.3d 1346, 1350 (11th Cir.
2005).
USCA11 Case: 23-12311 Document: 21-1 Date Filed: 03/29/2024 Page: 2 of 2

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