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PEREZ-VARGAS v. GONZALES

No. 05-2313.

478 F.3d 191 (2007)

Minor Humberto PEREZ-VARGAS, Petitioner, v. Alberto R. GONZALES, Respondent. American Immigration Law Foundation, Amicus Supporting Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided: February 22, 2007.

Attorney(s) appearing for the Case

ARGUED: David J. Rothwell, O'Toole, Rothwell, Nassau & Steinbach, Washington, D.C., for Petitioner. Carol Federighi, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.

ON BRIEF: Jeffrey B. O'Toole, O'Toole, Rothwell, Nassau & Steinbach, Washington, D.C., for Petitioner. Peter D. Keisler, Assistant Attorney General, M. Jocelyn Lopez Wright, Assistant Director, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent. Trina Realmuto, Mary Kenney, Washington, D.C., for Amicus Supporting Petitioner.

Before KING, SHEDD, and DUNCAN, Circuit Judges.

Petition for review granted; vacated by published opinion. Judge SHEDD wrote the opinion, in which Judge KING and Judge DUNCAN joined.

OPINION

SHEDD, Circuit Judge:

Minor Humberto Perez-Vargas petitions for review of an order of the Board of Immigration Appeals ("BIA") holding that an immigration judge ("IJ") lacks jurisdiction to determine whether an approved visa petition remains valid, pursuant to § 204(j) of the Immigration and Nationality...

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