Deras Pena v. Garland


FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT July 21, 2021 _________________________________ Christopher M. Wolpert Clerk of Court DANIEL ALBERTO DERAS-PENA; DIMAS PENA-DERAS, Petitioners, v. No. 21-9541 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. _________________________________ This matter is before the court on the Government’s Unopposed Motion to Remand, by which it requests that this court remand to the Board of Immigration Appeals (“BIA”) for further consideration of Petitioners’ claims, in light of the Attorney General’s vacatur of Matter of A-B-, 28 I. & N. Dec. 199 (A.G. 2021). See Matter of A-B-, 28 I. & N. Dec. 307 (A.G. 2021). * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Upon consideration, the motion is granted. This matter is remanded to the BIA for further consideration of Petitioners’ claims, in light of the Attorney General’s vacatur of Matter of A-B-, 28 I. & N. Dec. 199 (A.G. 2021). This petition for review is dismissed. A copy of this order shall stand as and for the mandate of the court. Entered for the Court Per Curiam 2 21-9541 Court of Appeals for the Tenth Circuit ca10 10th Cir. Deras Pena v. Garland 21 July 2021 Unpublished 49de7cae19fd2e906c6533be44394329df4ca548

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals