Opinions of the United 2005 Decisions States Court of Appeals for the Third Circuit 12-29-2005 Chen v. Atty Gen USA Precedential or Non-Precedential: Non-Precedential Docket No. 03-4887 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005 Recommended Citation "Chen v. Atty Gen USA" (2005). 2005 Decisions. Paper 37. http://digitalcommons.law.villanova.edu/thirdcircuit_2005/37 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2005 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.  NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 03-4887 XIA YUE CHEN, Petitioner v. ALBERTO R. GONZALES, ATTORNEY GENERAL OF THE UNITED STATES Respondent On Petition for Review from the Board of Immigration Appeals Agency No. A78-746-838 Submitted Under Third Circuit LAR 34.1(a): January 13, 2005 Before: SCIRICA,* Chief Circuit Judge, ROTH, Circuit Judge, and IRENAS,** Senior District Judge. * This case was originally submitted to the three judge panel of Roth, Chertoff and Irenas. Judge Chertoff subsequently resigned and Chief Judge Scirica was designated as the third member of the panel. ** Honorable Joseph E. Irenas, Senior United States District Judge for the District of New Jersey, sitting by designation.  ORDER VACATING OPINION ROTH, Circuit Judge IT IS ORDERED that the Not Precedential Opinion in the above case filed July 21, 2005, be vacated. By the Court, /s/ Jane R. Roth Circuit Judge Dated: December 29, 2005 CMH/cc: NKWW, MJC, DEG, JLL, JDW 2