Does a motion to withdraw from an appeal against deportation or removal constitute a withdrawal of the appeal?
MultiRegion, United States of America
The following excerpt is from Lopez-Angel v. Barr, 952 F.3d 1045 (9th Cir. 2019):
has noted, "[i]t is unnatural to speak of one litigant withdrawing anothers motion." Marin-Rodriguez v. Holder , 612 F.3d 591, 593 (7th Cir. 2010). Moreover, if "departure" included deportations or removals, the regulation would read: "Departure [e.g., deportation or removal ] from the United States of a person who is the subject of deportation or removal proceedings ... shall constitute a withdrawal of the appeal." That would be an odd way to read the regulation.
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