Santiago Isais-Padilla v. Eric Holder, Jr. , 435 F. App'x 704 ( 2011 )

FILED
NOT FOR PUBLICATION JUN 06 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SANTIAGO ISAIS-PADILLA, No. 09-74040
Petitioner, Agency No. A076-734-839
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Santiago Isais-Padilla, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision granting the government’s motion to terminate
removal proceedings. We dismiss the petition for review.
*
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).
Because an order terminating removal proceedings is not an order of
removal, we lack jurisdiction over Isais-Padilla’s petition for review. See Alcala v.
Holder, 563 F.3d 1009, 1013 (9th Cir. 2009); see also 8 U.S.C. § 1252(b)(9)
(“Judicial review of all questions of law and fact . . . shall be available only in
judicial review of a final order [of removal].”).
To the extent Isais-Padilla contends that the court should exercise
jurisdiction over his 1998 expedited removal order, this contention fails. See
8 U.S.C. § 1252(a)(2)(A)(i), (e)(2) (judicial review of an expedited removal order
is restricted to limited habeas review before the district court); Avendano-Ramirez
v. Ashcroft, 365 F.3d 813, 818-19 (9th Cir. 2004).
PETITION FOR REVIEW DISMISSED.
2 09-74040