Dereje Woldegiorgise v. Eric Holder, Jr.

Filing

UNPUBLISHED OPINION ORDER FILED. [12-60331 Dismissed for lack of Jurisdiction] Judge: EMG , Judge: LHS , Judge: CH Mandate pull date is 08/06/2012; mooting motion to dismiss petition for review for lack of jurisdiction filed by Respondent Mr. Eric H. Holder, Jr., U. S. Attorney General [7075931-2] [12-60331]

Case: 12-60331

Document: 00511886475

Page: 1

Date Filed: 06/13/2012

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
June 13, 2012

No. 12–60331

Lyle W. Cayce
Clerk

DEREJE YEMANE WOLDEGIORGISE,
Petitioner
v.
ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL,
Respondent

Petition for Review of an Order of the
Board of Immigration Appeals

Before GARZA, SOUTHWICK, and HAYNES, Circuit Judges.
PER CURIAM:*
The Government moves to dismiss Derek Woldegiorgise’s (“Woldegiorgise”)
petition for review.1 Because we dismiss his appeal on an alternative basis, the
Government’s motion is moot.
In responding to the Government’s motion, Woldegiorgise asserts that the
Government has misconstrued his request for relief and clarifies that he has not

*

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
1

This court previously denied Woldegiorgise’s motion for a stay in this case but granted
him leave to proceed IFP on appeal.

Case: 12-60331

Document: 00511886475

Page: 2

Date Filed: 06/13/2012

No. 12–60331
petitioned this court to review the Board of Immigration Appeal’s final order.
He explains that he instead sought this court’s stay to support a coram nobis
motion currently pending before the United States District Court for the
Southern District of Texas. See Woldegiorgise v. Thaler, No. 4:12-CV-1318 (S.D.
Tex. Apr. 24, 2012).
Woldegiorgise seeks relief from the district court and raises arguments
before this court that have not yet been addressed by the district court. We lack
jurisdiction and DISMISS his appeal. See 28 U.S.C. §§ 1291, 1292 (limiting our
jurisdiction over district court orders to final judgments and some interlocutory
orders); FED. R. APP. P. 4(a)(1)(C) (instructing us to treat appeals from coram
nobis motions under the rules for civil appeals). The Government’s motion is
therefore MOOT.

2