The Seventh Circuit has determined that a petitioner’s appeal of his deferral of removal application in withholding-only proceedings was mooted by his removal from the country, since there was no direct challenge to the underlying removal order before the court, but rather, only an appeal of the denial of deferral of removal. “Garcia Marin is inadmissible by virtue of his unchallenged removal order and his criminal record. So even if we were to find an error in the BIA’s decision reversing the immigration judge, the action that Garcia Marin sought to prevent has already taken place, and there are no possible collateral legal consequences.”
The full text if Garcia Marin v. Garland can be found here: