Court of Appeals for the Fourth Circuit February 22, 2007, 05-2313 (Minor Humberto Perez-Vargas v. Alberto R. Gonzales, American Immigration Law Foundation, Amicus Supporting)

Petition for review granted; vacated by published opinion. Judge SHEDD wrote the opinion, in which Judge KING and Judge DUNCAN joined.

OPINION

SHEDD, Circuit Judge:

Minor Humberto Perez-Vargas petitions for review of an order of the Board of Immigration Appeals (“BIA”) holding that an immigration judge (“IJ”) lacks jurisdiction to determine whether an approved visa petition remains valid,