United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
November 1, 2005
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-60670
XIAODONG LI,
Petitioner,
versus
ALBERTO R. GONZALES,
Attorney General of the United States,
Respondent.
Petition for Review of an Order from
the Bureau of Immigration Appeals
Before GARWOOD, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:
Xiaodong Li initially petitioned this court for review of a final order of the Board of
Immigration Appeals (BIA) reversing the Immigration Judge’s decision granting Li withholding of
removal pursuant to 8 U.S.C. § 1253(h) of the Immigration and Nationality Act. This court affirmed
the decision of the BIA and Li timely filed a petition for rehearing, which has not been ruled on;
however, the Department of Homeland Security (DHS) petitioned the BIA to reopen the removal
proceedings against Li based on new evidence and to permit the DHS to withdraw its appeal. On
October 6, 2005, the BIA granted the DHS’s motion, vacated its decision, and reinstated the
Immigration Judges’s February 28, 2000 decision granting Li withholding of removal. Li subsequently
filed a motion to vacate the panel’s decision.
Accordingly, Li’s motion to vacate is GRANTED, the previous opinion of this panel published
at 420 F.3d 500 (5th Cir. 2005) is VACATED and Li’s petition for review and his petition for
rehearing are DISMISSED as moot. See Discipio v. Ashcroft, 417 F.3d 448, 450 (5th Cir. 2005).