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NARINE v. HOLDER

No. 08-1299.

559 F.3d 246 (2009)

Jai NARINE, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: March 9, 2009.

Attorney(s) appearing for the Case

ARGUED: Alexandru Ionut Craciunescu, International Business Law Firm, P.C., Washington, D.C., for Petitioner. Francis William Fraser, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Steffanie J. Lewis, International Business Law Firm, P.C., Washington, D.C., for Petitioner. Gregory G. Katsas, Assistant Attorney General, Civil Division, Carl H. McIntyre, Jr., Assistant Director, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Petition for review granted; vacated and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge DUNCAN and Senior Judge ALARCÓN joined.

OPINION

GREGORY, Circuit Judge:

Petitioner Jai Narine asks this Court to review the Board of Immigration Appeals' ("BIA") denial of his motion for reconsideration of its decision dismissing his appeal for lack of jurisdiction. The BIA found that it lacked jurisdiction to consider both Narine's initial appeal and his motion for reconsideration because he had waived his appellate rights by accepting voluntary departure in lieu of removal. The record, however...

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