United States Sixth Circuit

Petition for review of a denial of Chinese petitioner's second motion to reopen removal proceedings is dismissed for lack of jurisdiction where, by granting petitioner's motion to reconsider and issuing a new order complete with new reasoning, the BIA effectively vacated the decision that the circuit court had been asked to review.

Appellate Information

• Decided 02/13/2008
• Published 02/13/2008

Judges

• Before:  DAUGHTREY and McKEAGUE, Circuit Judges;  GWIN, District Judge .

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Thomas V. Massucci, New York, New York, for Petitioner.  Liza S. Murcia, David V. Bernal, United States Department of Justice, Washington, D.C., for Respondent.