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RODRIGUEZ-BARAJAS v. HOLDER

No. 09-60351 Summary Calendar.

624 F.3d 678 (2010)

Rafael RODRIGUEZ-BARAJAS, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

October 19, 2010.

Attorney(s) appearing for the Case

Elisabeth S. Brodyaga , Refugio del Rio Grande , San Benito, TX, for Petitioner.

Michael Christopher Heyse , Trial Atty., Tangerlia Cox, U.S. Dept. of Justice, OIL, Washington, DC, for Respondent.

Before DAVIS, SMITH and SOUTHWICK, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Rafael Rodriguez-Barajas petitions for review of a decision of the Board of Immigration Appeals ("BIA"), arguing that the BIA erred in holding that it lacked jurisdiction to hear his appeal because he had voluntarily left the country while his habeas corpus petition was pending in federal court. We must decide whether an alien subject to removal proceedings who voluntarily departs the United States after the BIA has issued a decision...

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