Martinez Coyt v. Holder

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RAFAEL MARTINEZ COYT, 

Petitioner, No. 05-77080 v.  Agency No.

A078-372-732

ERIC H. HOLDER JR., Attorney General, OPINION Respondent.  On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted October 5, 2009—San Francisco, California

Filed January 20, 2010

Before: Ferdinand F. Fernandez and Sidney R. Thomas, Circuit Judges, and Ann Aldrich,* District Judge.

Opinion by Judge Thomas

*The Honorable Ann Aldrich, Senior United States District Judge for the Northern District of Ohio, sitting by designation. COUNSEL

Robert Bradford Jobe, San Francisco, California, on behalf of petitioner Rafael Martinez Coyt.

Eric Warren Marsteller, Washington, DC, on behalf of respondent Eric H. Holder Jr.

OPINION

THOMAS, Circuit Judge:

In this petition for review, we consider whether the Board of Immigration Appeals (“BIA”) may deem a motion to reopen or reissue withdrawn by operation of law when the government removes a petitioner before the BIA has ruled on 1272 …