Opinion
No. 07-73085.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed November 5, 2007.
Sharon M. Dulberg, Esq., McVey Mullery Dulberg, San Francisco, CA, for Petitioner.
Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, WWS-District Counsel, Immigration and Naturalization Service, Office of the District Counsel, Seattle, WA, Norah Ascoli Schwarz, Esq., Cindy S. Ferrier, Esq., R. Lynne Harris, Esq., U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A77-813-476.
Before: HUG, THOMAS, and TALLMAN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The oral argument scheduled in this case for November 7, 2007 is vacated.
Pursuant to the motion by the Attorney General, we vacate the decision of the Board of Immigration Appeals ("BIA") in this case and remand the petition for review to the BIA so that it may consider Petitioner Avanesov's claim that the immigration judge was biased and that said bias resulted in the denial of his procedural due process right to a full and fair hearing. This remand is without prejudice and does not preclude either party from presenting any other issue raised in the petition for review in any future proceeding.