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Santoso v. Bennett

United States Court of Appeals, Ninth Circuit
Sep 17, 2002
46 F. App'x 474 (9th Cir. 2002)

Opinion


46 Fed.Appx. 474 (9th Cir. 2002) Harry SANTOSO, Plaintiff--Appellant, v. Michael BENNETT, Immigration Judge; et al., Defendants--Appellees. No. 01-35602. D.C. No. CV-00-00099-AJB. United States Court of Appeals, Ninth Circuit. September 17, 2002

Submitted September 9, 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NOT FOR PUBLICATION.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 District of Oregon, Anna J. Brown, District Judge, Presiding.

Before HUG, O'SCANNLAIN, and TASHIMA, 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 provided by Ninth Circuit Rule 36-3.

Harry Santoso, a native and citizen of Indonesia, appeals pro se the district court's dismissal of his amended complaint alleging that defendants violated his due process rights when processing his application for asylum. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's dismissal of the complaint, Abboud v. INS, 140 F.3d 843, 846 (9th Cir.1998), and may affirm on any grounds finding support in the record, Kling v. Hallmark Cards, Inc., 225 F.3d 1030, 1039 (9th Cir.2000).

Santoso contends that defendants violated his due process rights by terminating his removal proceedings without a hearing on his asylum claim or an opportunity to appeal. Because Santoso's asylum claim has now been adjudicated on the merits, and he has had the opportunity to appeal the immigration judge's denial of asylum to the Board of Immigration Appeals, Santoso's claims are moot. See Di Giorgio v. Lee (In re Di Giorgio), 134 F.3d 971, 974 (9th Cir.1998) (qualifying for adjudication in federal court requires an actual controversy at all stages of review, not merely at the time the complaint is filed).

We reject Santoso's remaining contentions.

AFFIRMED.


Summaries of

Santoso v. Bennett

United States Court of Appeals, Ninth Circuit
Sep 17, 2002
46 F. App'x 474 (9th Cir. 2002)
Case details for

Santoso v. Bennett

Case Details

Full title:Harry SANTOSO, Plaintiff--Appellant, v. Michael BENNETT, Immigration…

Court:United States Court of Appeals, Ninth Circuit

Date published: Sep 17, 2002

Citations

46 F. App'x 474 (9th Cir. 2002)