Miliam Borjas-Borjas v. Merrick Garland ( 2021 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 22 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MILIAM MARGARITA BORJAS- No. 20-16957
BORJAS,
D.C. No.
Petitioner-Appellant, 4:20-cv-00417-RM-LCK
v.
MEMORANDUM*
MERRICK B. GARLAND, Attorney
General, in his official capacity as Attorney
General of the United States; COREY
PRICE, in his official capacity as Interim
Phoenix Field Office Director for U.S.
Immigration and Customs Enforcement;
ALEJANDRO N. MAYORKAS, Secretary
of the U.S. Department of Homeland
Security,
Respondents-Appellees.
Appeal from the United States District Court
for the District of Arizona
Rosemary Márquez, District Judge, Presiding
Submitted March 16, 2021**
Before: GRABER, R. NELSON, and HUNSAKER, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Miliam Margarita Borjas-Borjas appeals the district court’s order dismissing
her petition for a writ of habeas corpus and complaint for injunctive and
declaratory relief. Because the appeal has become moot, we dismiss it for lack of
jurisdiction. See Gator.com Corp. v. L.L. Bean, Inc., 398 F.3d 1125, 1128-29 (9th
Cir. 2005) (en banc).
Borjas-Borjas’s contentions raised in this appeal all challenge the prospect
of her removal prior to the adjudication of a motion to reopen filed with the Board
of Immigration Appeals (“BIA”) on February 4, 2020. On February 3, 2021, the
court issued an order notifying Borjas-Borjas that publicly available information
indicated the BIA denied the motion to reopen on December 8, 2020, and required
Borjas-Borjas to explain why this appeal should not be dismissed as moot. Borjas-
Borjas’s response to the court’s order (Docket Entry No. 16) informed the court
that she has not filed an appeal or petition for review of the BIA’s denial of her
motion to reopen. Because the BIA has adjudicated the motion to reopen, Borjas-
Borjas’s appeal is moot. Accordingly, we dismiss for lack of jurisdiction. See
Public Utilities Comm’n v. FERC, 100 F.3d 1451, 1458 (9th Cir. 1996) (case no
longer presenting a live controversy is moot and must be dismissed for lack of
jurisdiction).
2 20-16957
Borjas-Borjas’s request for oral argument, raised in her opening brief, is
denied as moot.
DISMISSED.
3 20-16957