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Coyt v. Holder, No. 05-77080

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BIA's decision and stay his removal, the petition is granted where the BIA may not deem a motion to reopen or reissue withdrawn by operation of law when the government removes a petitioner before the BIA has ruled on the motion.

Read Coyt v. Holder, No. 05-77080

Appellate Information

Argued and Submitted October 5, 2009

Filed January 20, 2010


Opinion by Judge Thomas


For Petitioner:

Robert Bradford Jobe, San Francisco, CA

For Respondent:

Eric Warren Marsteller, U.S. Department of Justice, Washington, DC