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NEN DI WU v. HOLDER

Docket No. 09-2564(ag).

646 F.3d 133 (2011)

NEN DI WU, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: July 19, 2011.

Attorney(s) appearing for the Case

Norman Kwai Wing Wong , New York, N.Y., for Petitioner.

Andrew N. O'Malley , Trial Attorney, Office of Immigration Litigation ( Tony West , Assistant Attorney General, Civil Division & Ernesto H. Molina, Jr., Assistant Director, Office of Immigration Litigation, on the brief), U.S. Department of Justice, Civil Division, Washington, D.C., for Respondent.

Before: CALABRESI, POOLER, CHIN, Circuit Judges.

CALABRESI, Circuit Judge:

Petitioner Nen Di Wu seeks review of Board of Immigration Appeals's (BIA) June 1, 2009, order of removal. The government moves to dismiss the petition pursuant to the fugitive disentitlement doctrine. We previously granted Wu's stay of removal and held the government's motion in abeyance pending briefing on the merits. Having received that briefing, we now find, in light of the rationales underlying the fugitive disentitlement doctrine, that...

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