USCA11 Case: 20-11120 Date Filed: 03/30/2021 Page: 1 of 8 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-11120 Non-Argument Calendar ________________________ Agency No. A200-259-037 AGUSTIN CAMPOS RUIZ, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (March 30, 2021) Before NEWSOM, LAGOA, and ANDERSON, Circuit Judges. PER CURIAM: USCA11 Case: 20-11120 Date Filed: 03/30/2021 Page: 2 of 8 Agustin Campos Ruiz petitions this Court to review the order issued by the Board of Immigration Appeals (“BIA”) remanding his interlocutory appeal back to the immigration judge. After finding that the immigration judge was unable to terminate the removal proceedings without the concurrence of the Department of Homeland Security (“DHS”), the BIA returned the administrative record to the immigration judge for further consideration. This Court issued a jurisdictional question to the parties, which was carried with the case. Because no final order of removal exists in this case, we lack jurisdiction to review the BIA’s order and dismiss Campos Ruiz’s petition. I. FACTUAL AND PROCEDURAL BACKGROUND 1 On September 28, 2016, Campos Ruiz’s removal case was administratively closed due to the exercise of prosecutorial discretion, which DHS did not oppose.2 Campos Ruiz subsequently filed for a Form I-601A provisional waiver (“I-601A waiver”), which was approved on July 15, 2019. He then filed a motion to recalendar and terminate the proceedings based on the approved I-601A waiver. DHS, however, opposed the termination of proceedings. In December 2019, the immigration judge denied the motion to terminate proceedings, granted the motion 1 The background of this case is based on the limited administrative record before us. 2 In the appendix to his initial brief, Campos Ruiz submitted documents not contained in the administrative record provided to us. Because “the court of appeals shall decide the petition only on the administrative record on which the order of removal is based,” 8 U.S.C. § 1252(b)(4)(A), we are unable to consider documents that are not part of the administrative record. 2 USCA11 Case: 20-11120 Date Filed: 03/30/2021 Page: 3 of 8 to recalendar, and set a hearing for March 2020. Campos Ruiz filed an appeal of the immigration judge’s decision to the BIA. On February 26, 2020, the BIA issued an order returning the administrative record to the immigration judge. The BIA explained that Campos Ruiz filed an interlocutory appeal and that ordinarily it did not entertain interlocutory appeals, except “to address significant jurisdictional questions about the administration of immigration laws, or to correct recurring problems in the handling of cases by Immigration Judges.” The BIA also explained that the “[e]lectronic records reveal that removability [was] established in this case” and that “[o]nce removability has been established, an Immigration Judge may not terminate proceedings without the concurrence of DHS.” Campos Ruiz then filed this petition for review of the BIA’s decision. Following his petition, we issued a jurisdictional question to the parties, asking whether we had jurisdiction to …
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