Court of Appeals for the Ninth Circuit July 15, 2009, Nos. 07-72843, 08-71777 (Escobar v. Holder)

MEMORANDUM *

Subsequent to the date of argument and submission, on January 22, 2009, petitioner submitted a motion to reopen to the Board of Immigration Appeals (“BIA”). The BIA’s grant of this motion, prior to the issuance of our decision, rendered non-final the order of removal from which petitioner appealed. Accordingly, we lack jurisdiction under 8 U.S.C.