Fuller v. Board of Immigration Appeals

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, arguing that we lack jurisdiction over a vacated order. Fuller responds…