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POOLE v. MUKASEY

Docket No. 06-4069-ag.

527 F.3d 257 (2008)

Rodwell Arlie Anthony POOLE, Petitioner, v. Michael B. MUKASEY, Attorney General of the United States, Department of Homeland Security, and Immigration and Customs Enforcement (ICE), Respondents.

United States Court of Appeals, Second Circuit.

Decided: March 27, 2008.

Petition for rehearing submitted: May 12, 2008.

Petition for rehearing decided: May 20, 2008.

Attorney(s) appearing for the Case

Gregory G. Katas, Acting Assistant Attorney General, M. Jocelyn Lopez Wright, Assistant Director, Carol Federighi, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, submitted a brief for Respondents.

Before: NEWMAN, WINTER, and PARKER, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

The Government has petitioned for rehearing of our March 27, 2008, decision remanding to the Board of Immigration Appeals ("BIA") the claim of Rodwell Poole for derivative citizenship. See Poole v. Mukasey, 522 F.3d 259 (2d Cir.2008). The Government contends that we lacked authority to remand and that we erred in affording the BIA an opportunity to determine...

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