Grigorii Duralev v. Alejandro Mayorkas

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 26 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GRIGORII DURALEV, No. 21-55200 Petitioner-Appellant, D.C. No. 2:20-cv-08521-JVS-E v. ALEJANDRO N. MAYORKAS, Secretary MEMORANDUM* of the Department of Homeland Security, Respondent-Appellee. Appeal from the United States District Court for the Central District of California James V. Selna, District Judge, Presiding Submitted August 17, 2022** Before: S.R. THOMAS, PAEZ, and LEE, Circuit Judges. Grigorii Duralev, a native and citizen of Russia, appeals pro se from the district court’s order dismissing his 28 U.S.C. § 2241 habeas corpus petition. Our jurisdiction is governed by 28 U.S.C. §§ 1291 and 2253. We dismiss. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). At the time of the district court’s order, Duralev was detained under the provisions of 8 U.S.C. § 1226(a), which authorizes detention during the pendency of removal proceedings. However, Duralev became subject to a final order of removal and entered the removal period on February 9, 2022, when the mandate issued in Case No. 19- 71703, which denied his petition for review of the order of the Board of Immigration Appeals upholding an immigration judge’s removal order. See 8 U.S.C. § 1231(a)(1)(B)(ii) (if a removal order is judicially reviewed and the court orders a stay of removal, the removal period begins as of the date of the court’s final order); Prieto-Romero v. Clark, 534 F.3d 1053, 1060 (9th Cir. 2008). Accordingly, Duralev is now subject to mandatory detention, see 8 U.S.C. § 1231(a)(2) (“During the removal period, the Attorney General shall detain the alien.”), and the court cannot grant the requested relief under 8 U.S.C. § 1226(a). This appeal is dismissed as moot. See Abdala v. INS, 488 F.3d 1061, 1064- 65 (9th Cir. 2007). DISMISSED. 2 21-55200 21-55200 Court of Appeals for the Ninth Circuit ca9 9th Cir. Grigorii Duralev v. Alejandro Mayorkas 26 August 2022 Habeas Unpublished b76d266f9c122805d97e6998ac6a0dabf992bfb3

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals