United States Fifth Circuit

In 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 petition is granted 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U.S. after the BIA has issued a decision on his appeal, but while his habeas petition is pending, is not deemed to have withdrawn his appeal pursuant to 8 C.F.R. section 1003.4.

Appellate Information

• Decided 10/20/2010
• Published 10/20/2010

Judges

• Jerry E. Smith

Court

• United States Fifth Circuit

Counsel