UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

ALBERTO AVILA-VILLANUEVA,

Petitioner,

v.

JOHN ASHCROFT, Attorney General; TOM RIDGE, Secretary, Dept. of Homeland Security; BUREAU OF CUSTOM & IMMIGRATION ENFORCEMENT,

Respondents.

No. 03-9593

(BIA No. A 78-903-699)

(Petition for Review)

ORDER AND JUDGMENT*

Before EBEL, HENRY, and MURPHY, Circuit Judges.

Petitioner Alberto Avila-Villanueva seeks review under 8 U.S.C. § 1252 of a Notice of Intent to Issue a Final Administrative Removal Order issued by the Bureau of Custom and Immigration Enforcement (BICE) on September 19, 2003. Petitioner also seeks a stay of removal pending our review of his petition. Respondent John Ashcroft contends that we have no jurisdiction over the petition for review because the agency has not yet issued a final order of removal.

By statute, we have jurisdiction to review final orders of removal, with some limitations. See 8 U.S.C. § 1252(a). By its very terms, however, the Notice that was issued to petitioner on September 19 is not a final order of removal. We, therefore, have no jurisdiction to review it. Likewise, there is no basis for our granting petitioner a stay of removal in the absence of a final order of removal.

Accordingly, the petition for review is DISMISSED for lack of jurisdiction and the motion for stay of removal is DENIED.

ENTERED FOR THE COURT

PER CURIAM