Marin v. Garland

Ct. of Appeals dismissed as moot petitioner’s appeal of Board’s Order that reversed IJ’s order that had granted petitioner’s request for deferral of removal to Mexico under CAT in “withholding only” proceeding. Record showed that during pendency of instant appeal, petitioner was removed to Mexico, where petitioner did not seek stay of Board’s removal order with Ct. of Appeals. Because petitioner sought only deferral of removal in withholding only proceeding, and he has now been removed, Ct. of Appeals cannot grant any effectual relief, even if Board had erred in reversing IJ’s order. Moreover, ruling in petitioner’s favor would have no effect on validity of removal order and would not enable petitioner to seek readmission.