Lucio Rosas v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LUCIO ROSAS,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 13-71365
Agency No. A096-322-873
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Lucio Rosas, a native and citizen of Mexico, petitions pro se for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his request for a continuance and entering an
order of removal. We dismiss the petition for review.
FILED
MAR 16 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Rosas sought a continuance of his removal proceedings in order to file a
motion to vacate the state convictions that rendered him ineligible for cancellation
of removal. Rosas’ motion to vacate has now been denied. Oklahoma v. Rosas,
No. CM-1997-00242 (June 20, 2013). Accordingly, his challenge to the denial of
the continuance to pursue that relief is moot. See Pedroza-Padilla v. Gonzales,
486 F.3d 1362, 1364 n.2 (9th Cir. 2007); see also United States v. Strong, 489 F.3d
1055, 1059 (9th Cir. 2007) (“An appeal is moot when, by virtue of an intervening
event, a court of appeals cannot grant any effectual relief whatever in favor of the
appellant.” (citation and internal quotation marks omitted)).
PETITION FOR REVIEW DISMISSED.
13-71365 2

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