Li v. Holder, Jr., No. 10-2333 (4th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of the Republic of China, petitioned for review of an order of the BIA, which upheld the denial of petitioner's application for adjustment of status and dismissed her appeal from the IJ's decision, finding that the IJ failed to provide petitioner "with the required advisals." The BIA remanded petitioner's case to the IJ in order for the IJ to grant a new period of voluntary departure and to provide the required advisals. Petitioner timely appealed. The government urged the court to dismiss for lack of jurisdiction. The court concluded that it had jurisdiction, but nonetheless declined to exercise that jurisdiction for prudential reasons, following the approach employed by the First and Sixth Circuits in similar circumstances. Accordingly, the court dismissed the petition without prejudice to petitioner's right to seek review at a later time.
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