United States Ninth Circuit

In a petition for review of the BIA's denial of petitioner's motion to reissue the BIA's decision and stay his removal, the petition is granted where the BIA may not deem a motion to reopen or reissue withdrawn by operation of law when the government removes a petitioner before the BIA has ruled on the motion.

Appellate Information

• Argued 10/05/2009
• Decided 01/20/2010
• Published 01/20/2010

Judges

• Before FERDINAND F. FERNANDEZ and SIDNEY R. THOMAS, Circuit Judges, and ANN ALDRICH,District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert Bradford Jobe, San Francisco, CA, on behalf of petitioner Rafael Martinez Coyt.


• For Appellees:
  
• Eric Warren Marsteller, Washington, DC, on behalf of respondent Eric H. Holder Jr.