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MADRIGAL v. HOLDER

No. 08-3132.

572 F.3d 239 (2009)

Maria Isabel MADRIGAL, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 9, 2009.

Attorney(s) appearing for the Case

ARGUED: Scott E. Bratton, Margaret Wong & Associates Co., LPA, Cleveland, Ohio, for Petitioner. Patrick J. Glen, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Scott E. Bratton, Margaret Wong & Associates Co., LPA, Cleveland, Ohio, for Petitioner. Patrick J. Glen, United States Department of Justice, Washington, D.C., for Respondent.

DAUGHTREY, J., delivered the opinion of the court, in which ROGERS and KETHLEDGE, JJ., joined. KETHLEDGE, J. (pp. 245-46), delivered a separate concurring opinion.

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

The petitioner, Maria Isabel Madrigal, seeks review of an order of the Board of Immigration Appeals withdrawing her appeal from the immigration judge's denial of her motion to reopen removal proceedings. The Board found that because the petitioner had departed from the United States while she was subject to an order of removal and while her appeal was pending, the appeal was effectively withdrawn pursuant to...

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