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ALCALA v. HOLDER

Nos. 04-70983, 04-72295.

563 F.3d 1009 (2009)

Joel ALCALA, Petitioner, v. Eric H. HOLDER, Attorney General, Respondent. Joel Alcala, Petitioner, v. Eric H. Holder, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Submitted April 21, 2009.

Filed April 28, 2009.

Attorney(s) appearing for the Case

Victor D. Nieblas P., Law Office of Victor D. Nieblas Pradis, City of Industry, CA, for the petitioner.

Peter D. Keisler, Assistant Attorney General; M. Jocelyn Lopez Wright, Assistant Director, Office of Immigration Litigation; Song E. Park, Office of Immigration Litigation, Washington, DC, for the respondent.

Opinion by Judge Bea; Partial Concurrence and Partial Dissent by Judge Wardlaw.

BEA, Circuit Judge:

We are called on to determine whether this court has any power to act where the government voluntarily dismisses immigration removal proceedings and has not yet obtained a final order of removal.

Alcala petitions for review of two orders of the Board of Immigration Appeals ("BIA"): (1) the BIA's order affirming the Immigration Judge's ("IJ") grant of the government's motion to dismiss removal...

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