Imad Musa Ahmed Musa v. John Ashcroft, Attorney General of the United States of America

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 02-4267
IMAD MUSA AHMED MUSA,
Petitioner
v.
JOHN ASHCROFT, ATTORNEY GENERAL
OF THE UNITED STATES OF AMERICA,
Respondent
ON PETITION FOR REVIEW OF AN ORDER
OF THE BOARD OF IMMIGRATION APPEALS
(No. A-94-006-556)
Submitted Under Third Circuit LAR 34.1(a)
June 15, 2004
Before: ALITO, SMITH, and BECKER, Circuit Judges
(Opinion Filed: June 25, 2004)
OPINION OF THE COURT
PER CURIAM:
Imad Musa petitions for review of the denial by the Board of Immigration Appeals

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(BIA) of his application for asylum and other relief. On February 12, 2004, the BIA ruled
that, certain irregularities in the original disposition of Musa’s case by the Immigration
Judge (IJ) having been brought to its attention, the prior decision of the Board was to be
vacated and the case remanded to the IJ “for further proceedings and for the entry of a
new decision.” Accordingly, there is no longer any “final order of removal” extant that
this Court has jurisdiction to review. See 8 U.S.C. § 1252(a)(1); Calcano-Martinez v.
INS, 533 U.S. 348, 350 (2001). We therefore dismiss Musa’s petition for lack of
jurisdiction, without prejudice to whatever right he may have to raise his claims before
this Court at a later date, should the occasion arise. Cf. Lopez-Ruiz v. Ashcroft, 298 F.3d
886 (9th Cir. 2002) (dismissing review petition for lack of jurisdiction where BIA has
granted motion to reopen).

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