Rudy Mateo Miguel v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RUDY MATEO MIGUEL,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-71100
Agency No. A072-282-237
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Rudy Mateo Miguel, a native and citizen of the Philippines, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his motion for a continuance. We dismiss
the petition for review.
FILED
JAN 27 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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Miguel sought a continuance to await adjudication of the I-130 visa petition
his current wife filed on his behalf in 2010. As Miguel now concedes, the United
States Citizenship and Immigration Service’s (“USCIS”) website indicates that the
petition was denied on May 19, 2014. See Pt’r Reply Br. at 10 n.11. Accordingly,
his challenge to the denial of the continuance to pursue that relief is moot. See
Pedroza-Padilla v. Gonzales, 486 F.3d 1362, 1364 n.2 (9th Cir. 2007); see also
United States v. Strong, 489 F.3d 1055, 1059 (9th Cir. 2007) (“An appeal is moot
when, by virtue of an intervening event, a court of appeals cannot grant any
effectual relief whatever in favor of the appellant.” (citation and internal quotation
marks omitted)).
In reaching this conclusion, we take judicial notice on our own motion of an
online USCIS case status report at
https://egov.uscis.gov/casestatus/mycasestatus.do;jsessionid=BE48E5810ADD30A
F7A1BFF216A70672C that corresponds to the receipt number for Miguel’s I-130
petition that appears in the administrative record, and confirms that the petition
was denied on May 19, 2014. See Dent v. Holder, 627 F.3d 365, 371 (9th Cir.
2010) (taking judicial notice of agency records).
13-71100 2

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We deny as moot Miguel’s April 24, 2014, “Motion to Supplement Record
With DHS Records Not Filed With EOIR.”
PETITION FOR REVIEW DISMISSED.
13-71100 3

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