Petition for Review of BIA Dismissal of Appeal Granted
In Rodriguez-Barajas v. Holder, No. 09-60351, a petition for review of a decision of the Board of Immigration Appeals (BIA), arguing that the BIA erred in holding that it lacked jurisdiction to hear petitioner’s appeal because he had voluntarily left the country while his habeas corpus petition was pending in federal court, the court granted the petition where an alien subject to removal proceedings who voluntarily departs the U.S. after the BIA has issued a decision on his appeal, but while his habeas petition is pending, is not deemed to have withdrawn his appeal pursuant to 8 C.F.R. section 1003.4.
Related Resources
- Read the Fifth Circuit’s Decision in Rodriguez-Barajas v. Holder, No. 09-60351
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