Ferman-Flores v. John Ashcroft

Full title: Julio Cesar FERMAN-FLORES, Petitioner--Appellant, v. John ASHCROFT, U.S…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 25, 2002

31 F. App'x 455 (9th Cir. 2002)

Opinion

31 Fed.Appx. 455 (9th Cir. 2002) Julio Cesar FERMAN-FLORES, Petitioner--Appellant, v. John ASHCROFT, U.S. Attorney General, Respondent--Appellee. No. 01-56550. D.C. No. CV-01-00718-BTM. United States Court of Appeals, Ninth Circuit. February 25, 2002

Submitted February 11, 2002. ^*

* The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Southern District of California, Barry T. Moskowitz, District Judge, Presiding.

Before B. FLETCHER, T.G. NELSON, and RICHARD C. TALLMAN, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

Julio Cesar Ferman-Flores, a native and citizen of Guatemala, appeals pro se the district court's order dismissing as successive his habeas corpus petition seeking relief from removal pursuant to 28 U.S.C. § 2241. We have jurisdiction to determine our jurisdiction, see Aragon-Ayon v. INS, 206 F.3d 847, 849 (9th Cir.2000), and we dismiss the appeal.

Because Ferman-Flores was removed from the United States while this appeal was pending, the appeal is now moot and this court lacks jurisdiction. See 28 U.S.C. § 2241(c); Miranda v. Reno, 238 F.3d 1156, 1158 (9th Cir.), cert. denied, 534 U.S. 1018, 122 S.Ct. 541, 151 L.Ed.2d 419 (2001).

DISMISSED.