United States Fourth Circuit

In a petition for review of an order of the BIA remanding petitioner's case to the immigration judge in order to set a new, entitled voluntary departure order, petition is dismissed without prejudice because although an order remanding for a grant of voluntary departure is final and immediately appealable, prudential reasons caution against asserting appellate jurisdiction.

Appellate Information

• Argued 10/27/2011
• Decided 12/02/2011
• Published 12/02/2011

Judges

• AGEE, Before WILKINSON, SHEDD, and AGEE, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Yueh–Mei Wu Rowan, Rowan & Associates, P.C., Fairfax, Virginia, for Petitioner. Daniel Eric Goldman, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Tony West, Assistant Attorney General, Civil Division, William C. Peachey, Assistant Director, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.