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NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BALJIT KAUR,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
No. 04-75330
Agency No. A075-302-076
ORDER
Before: REINHARDT and FISHER, Circuit Judges.
The Board of Immigration Appeals granted Kaur’s motion to reopen on
December 29, 2008. Because there is no longer a final order of removal to review,
this court lacks jurisdiction. See Lopez-Ruiz v. Ashcroft, 298 F.3d 886, 887 (9th
Cir. 2002). “If the BIA decides to reinstate the order of removal, [Kaur] will be
able to appeal that final removal decision on any ground which [she] has raised
before the BIA before the final order of removal, not just the one that caused
reopening.” Id.
The government’s motion to vacate and dismiss, filed on August 27, 2010, is
granted. The memorandum disposition filed by the court on March 25, 2008 is
vacated. The petition for review is dismissed without prejudice. The mandate
shall issue forthwith.
FILED
OCT 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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