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FULLER v. BOARD OF IMMIGRATION APPEALS

Docket No. 08-3973.

702 F.3d 83 (2012)

Nadeisha Lotha FULLER, Petitioner, v. BOARD OF IMMIGRATION APPEALS, Respondent.

United States Court of Appeals, Second Circuit.

Decided: October 16, 2012.

Attorney(s) appearing for the Case

Daniel Schwartz , Day Pitney LLP ( Victoria Woodin Chavey , on the brief), New York, NY, for Petitioner.

Matt A. Crapo , Office of Immigration Litigation, Civil Division, U.S. Department of Justice ( Tony West , Assistant Attorney General, Civil Division; Cindy S. Ferrier , Senior Litigation Counsel, on the brief), Washington, D.C., for Respondent.

Chief Judge DENNIS JACOBS concurs in a separate opinion.

POOLER, Circuit Judge:

Nadeisha Lotha Fuller filed the instant petition for review of a final order of removal and moved the Board of Immigration Appeals ("BIA") to reconsider that order. The BIA subsequently granted Fuller's motion to reconsider, vacated the order of removal that is the subject of this petition for review, and issued a new final order of removal. Fuller did not petition for review of the subsequent order. The government moves to dismiss the petition...

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