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jurisdictionappealmotionfelonymotion to dismiss

Related Cases

Fuller v. Board of Immigration Appeals

Facts

Nadeisha Lotha Fuller, a citizen of Jamaica, was admitted to the United States in 1992. In 2003, an Immigration Judge ordered her removal based on a conviction for an aggravated felony. After several appeals and a remand, the BIA issued a final order of removal in 2008. Fuller filed a petition for review and a motion for reconsideration, which the BIA granted in 2009, vacating the 2008 order and issuing a new final order of removal. Fuller did not file a petition for review of the 2009 order.

Fuller, a citizen and national of Jamaica, was admitted to the United States in 1992. In 2003, an Immigration Judge ordered Fuller removed on the ground that she had been convicted of an aggravated felony.

Issue

Did the court have jurisdiction to review Fuller's petition for the 2008 order after the BIA vacated it and issued a new order?

Rule

The court has jurisdiction only over petitions for review that are timely filed and seek review of removal orders that are 'final' under the Immigration and Nationality Act (INA). A petition becomes moot if an event occurs that makes it impossible for the court to grant any effective relief.

Courts of appeals have jurisdiction only over petitions for review that are timely filed and that seek review of removal orders that are 'final' under the INA.

Analysis

The court determined that Fuller's petition was moot because the BIA's 2009 order not only vacated the 2008 order but also materially altered its substance, effectively superseding it. Since Fuller did not challenge the 2009 order, the court concluded it lacked jurisdiction to review the vacated order.

We cannot grant any effective relief to Fuller because the 2008 Order has already been vacated by the express language of the 2009 Order.

Conclusion

The court granted the government's motion to dismiss Fuller's petition for review due to lack of jurisdiction.

Accordingly, we grant the government's motion to dismiss.

Who won?

The Board of Immigration Appeals (BIA) prevailed in the case because the court dismissed Fuller's petition for review, finding it moot due to the BIA's vacatur of the prior order.

The government moves to dismiss the petition, arguing that we lack jurisdiction over a vacated order.

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