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NEN DI WU v. HOLDER

Docket No. 09-2564-ag.

617 F.3d 97 (2010)

NEN DI WU, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: August 4, 2010.

Attorney(s) appearing for the Case

Norman Kwai Wing Wong , New York, NY, for Petitioner.

Andrew N. O'Malley , Trial Attorney, Office of Immigration Litigation ( Tony West , Assistant Attorney General, Civil Division & Ernesto H. Molina, Jr., Assistant Director, Office of Immigration Litigation, on the brief), U.S. Department of Justice, Civil Division, Washington, D.C., for Respondent.

Before: CALABRESI, POOLER, and CHIN, Circuit Judges.

CALABRESI, Circuit Judge:

Petitioner Nen Di Wu moves for a stay of removal, and the Government moves to dismiss pursuant to the fugitive disentitlement doctrine. We grant Wu's stay of removal and hold the Government's motion in abeyance pending briefing and, if appropriate, argument on the merits.

I.

Wu is a native and citizen of the People's Republic of China. Certified Administrative Record 50. In a June 2, 2006 hearing before an Immigration Judge...

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