Madrigal v. Holder, 572 F.3d 239 (6th Cir. Jul.9, 2009) (BIA appeal is not automatically withdrawn pursuant to 8 C.F.R. 1003.4 when DHS deports the noncitizen before the BIA decides the appeal); see Long v. Gonzales, 420 F.3d 516, 520 (5th Cir. 2005) (the principle that "waiver is an intentional relinquishment or abandonment of a known right or privilege" is applicable to the operation of the 8 C.F.R. 1003.4 withdrawal provision).
jurisdiction:
Sixth Circuit