
    Joaquin MARTINEZ MARGARITO, Petitioner, v. John ASHCROFT, Attorney General, Respondent.
    No. 02-71755.
    United States Court of Appeals, Ninth Circuit.
    Submitted July 12, 2004.
    
    Decided July 19, 2004.
    Frank E. Ronzio, Ronzio & Associates, Los Angeles, CA, for Petitioner.
    Regional Counsel, Laguna Niguel, CA, CAC-District Counsel, Esq., Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. LeFevre, Chief Legal Officer, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Linda S. Wendtland, Esq., Cindy S. Ferrier, Patricia L. Buchanan, U.S. Department of Justice, Washington, DC, for Respondent.
    Before: HAWKINS, THOMAS, and BYBEE, Circuit Judges.
    
      
       The court sua sponte changes the docket to reflect that John Ashcroft, Attorney General, is the proper respondent. The Clerk shall amend the docket to reflect the above caption.
    
    
      
      The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Joaquin Martinez Margarita, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s denial of his father’s application for asylum and withholding of deportation. Because petitioner is a derivative beneficiary of his father’s application and because his father did not file an appeal with the BIA, we dismiss this petition for review as moot. See Am. Rivers v. Nat'l Marine Fisheries Serv., 126 F.3d 1118, 1123 (9th Cir.1997).

Pursuant to Elian v. Ashcroft, 370 F.3d 897 (9th Cir.2004) (order), petitioner’s voluntary departure period will begin to run upon issuance of this court’s mandate.

PETITION FOR REVIEW DISMISSED. 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
     