Jimenez-Barrera v. Holder
**Forcible removal, dismissing appeal**
The BIA erred in relying on 8 C.F.R. § 1003.4 to dismiss the Petitioner’s appeal because Jimenez-Barrera was forcibly removed before filing an appeal. The regulation applies only to departures occurring “subsequent to the taking of an appeal.” The BIA also erred in finding that the appeal was rendered moot by the government’s removal of Jimenez-Barrera under In re Luis-Rodriguez, 22 I. & N. Dec. 747 (BIA 1999). Luis does not stand for the proposition that a forcible removal of a petitioner from the United States by the government automatically moots a pending appeal. The holding in Luis was that the departure of the petitioner did not moot the appeal.
http://www.ca9.uscourts.gov/datastore/memoranda/2009/10/28/05-77110.pdf
newimmigrationcases
