Cordes

Cordes v. Gonzales

Good Law
United States Court of Appeals for the Ninth CircuitFebruary 25, 200804-15988California1,282 words

Opinion

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PATRICIA ANN CORDES,  No. 04-15988 Petitioner-Appellant, D.C. No. v. CV-03-05580- MICHAEL B. MUKASEY,* Attorney  OWW/LJO Eastern District of General; TOM RIDGE; NANCY ALCANTAR, Respondents-Appellees. California, Defendant-Appellant. Fresno

 ORDER

Filed February 25, 2008

Before: Warren J. Ferguson, John T. Noonan, and Pamela Ann Rymer, Circuit Judges.

Order; Dissent by Judge Ferguson

ORDER

On June 30, 2005, the BIA sua sponte reopened the under- lying proceeding, vacated its order of removal, and remanded the matter to the Immigration Judge. This stripped us of juris- diction to enter our opinion, filed on August 24, 2005. See Lopez-Ruiz v. Ashcroft, 298 F.3d 886, 887 (9th Cir. 2002). This case is different from Lolong v. Gonzales, 484 F.3d 1173, 1177 (9th Cir. 2007), because, here, the BIA remanded to the IJ for “further proceedings” and to enter a “new deci-

*Michael B. Mukasey is substituted for his predecessor, Alberto R. Gonzales, as Attorney General of the…

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