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BIA's decision and stay his removal, the petition is granted where the BIA may not deem a motion to reopen or reissue withdrawn by operation of law when the government removes a petitioner before the BIA has ruled on the motion.
Argued and Submitted October 5, 2009
Filed January 20, 2010
Opinion by Judge Thomas
Robert Bradford Jobe, San Francisco, CA
Eric Warren Marsteller, U.S. Department of Justice, Washington, DC