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ESPINAL v. HOLDER

No. 08-60194.

636 F.3d 703 (2011)

Nicolas Antonio ESPINAL, also known as Nicolas Antonio Pacienci Espinal, also known as Nicholas A. Espinal, also known as Nicolas A. Espinal, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

March 24, 2011.

Attorney(s) appearing for the Case

Nicolas Antonio Espinal , New York City, pro se.

Luis Enrique Perez and John Clifford Cunningham, I, Sr . Lit. Counsels, Tangerlia Cox , Don George Scroggin , Trial Atty., U.S. Dept. of Justice, OIL, Washington, DC, Guadalupe R. Gonzales , Imm. & Customs Enf., Chief Counsel's Office, El Paso, TX, for Holder.

Before JONES, Chief Judge, BENAVIDES, Circuit Judge, and AYCOCK, District Judge.

EDITH H. JONES, Chief Judge:

Nicolas Antonio Espinal, a native and citizen of the Dominican Republic and a former lawful permanent resident of the United States, petitions for review of a Board of Immigration Appeals ("BIA") decision dismissing his appeal of an immigration judge's ("IJ") removal order. Whether this court has appellate jurisdiction over Espinal's appeal when the BIA sua sponte reconsidered and revised the order that he appealed, but he filed no subsequent...

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