It's hard -- nearly impossible, in fact -- to win an immigration appeal if you're not appealing the correct removal order.
Nadeisha Lotha Fuller was admitted to the United States in 1992. In 2003, an immigration judge ordered Fuller removed on the ground that she had been convicted of an aggravated felony. Fuller asked the Board of Immigration Appeals (BIA) to reconsider that order. The BIA granted Fuller's motion, vacated the order of removal, and issued a new final order of removal.
By the time Fuller's attorney learned about the new order, the 30-day deadline to petition for review of the new order had passed, so Fuller petitioned the Second Circuit to review the older order. Her argument? The BIA's subsequent order left the reasoning of the prior order intact and vacated it in name only.