Espinal v. Holder, ___ F.3d ___, 2011 WL 1049508 (5th Cir. Mar. 24, 2011) (the court retains jurisdiction to review a decision by the BIA, despite a subsequent withdrawal of that decision and the issuance of a new decision by the BIA, when that new decision relies upon, does not vacate or does not materially alter the impact of the initial decision), agreeing with Stone v. I.N.S., 514 U.S. 386, 395 (1995); Thomas v. Attorney Gen., 625 F.3d 134, 139 (3d Cir.2010); Khouzam v. Ashcroft, 361 F.3d 161, 167 (2d Cir.2004) (finding jurisdiction where BIA denied motion for reconsideration, but clarified the reasoning of its initial order).
jurisdiction:
Fifth Circuit