Isaias Lorenzo Lopez v. Merrick Garland

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ISAIAS LORENZO LOPEZ, No. 15-72406 Petitioner, Agency No. v. A078-242-814 MERRICK B. GARLAND, Attorney General, OPINION Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted En Banc June 1, 2021* San Francisco, California File June 8, 2021 Before: Sidney R. Thomas, Chief Judge, and Marsha S. Berzon, Johnnie B. Rawlinson, Morgan Christen, Paul J. Watford, Mark J. Bennett, Eric D. Miller, Bridget S. Bade, Daniel P. Collins, Danielle J. Forrest, and Lawrence J. VanDyke, Circuit Judges. Opinion by Chief Judge Thomas * The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 2 LORENZO LOPEZ V. GARLAND COUNSEL Jan Joseph Bejar and Nicole A. Leon, Law Offices of Jan Joseph Bejar P.L.C., San Diego, California; David J. Zimmer and Joshua J. Bone, Goodwin Procter LLP, Boston, Massachusetts; for Petitioner. John W. Blakeley, Assistant Director; M. Jocelyn Lopez Wright and Patrick J. Glen, Senior Litigation Counsel; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent. Philip L. Torrey, Crimmigration Clinic, Harvard Immigration and Refugee Clinical Program, Harvard Law School, Cambridge, Massachusetts, for Amici Curiae Retired Immigration Judges and Former Members of the Board of Immigration Appeals. Russell Reid Abrutyn, Abrutyn Law PLLC, Berkley, Michigan, for Amicus Curiae the American Immigration Lawyers Association. OPINION THOMAS, Chief Judge: We stayed en banc proceedings and submission of this case pending the issuance of an opinion by the United States Supreme Court in Niz-Chavez v. Barr, No. 19-863. The Supreme Court has now issued its opinion. Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021). In light of the decision, we GRANT the Petition for Review and REMAND the case to LORENZO LOPEZ V. GARLAND 3 the Board of Immigration Appeals for reconsideration in light of Niz-Chavez. PETITION GRANTED. REMANDED. 15-72406 Court of Appeals for the Ninth Circuit ca9 9th Cir. Isaias Lorenzo Lopez v. Merrick Garland 8 June 2021 Agency Published 8af66ca658e2ff383b02d1fe1000afac19ca7cae

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