B.S.L. v. Garland


Appellate Case: 21-9519 Document: 010110665819 Date Filed: 04/01/2022 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT April 1, 2022 _________________________________ Christopher M. Wolpert Clerk of Court B.S.L., Petitioner, v. No. 21-9519 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. ------------------------------ BLACK LGBTQIA+ MIGRANT PROJECT; U.C. HASTINGS CENTER FOR GENDER AND REFUGEE STUDIES; LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC., Amici Curiae. _________________________________ ORDER _________________________________ Before HARTZ, McHUGH, and CARSON, Circuit Judges. _________________________________ This matter is before the court on petitioner’s unopposed motion to seal this case and to reissue the panel’s February 11, 2022, Order and Judgment substituting petitioner’s name with a pseudonym or his initials. Given petitioner’s concerns for his safety upon removal, we grant the motion to seal. See A.B. v. Sessions, 741 F. App’x 563, 563 n.*, 567 (10th Cir. 2018) (substituting petitioner’s name with fictitious initials in a publicly filed decision and Appellate Case: 21-9519 Document: 010110665819 Date Filed: 04/01/2022 Page: 2 granting motion to seal the rest of the case where petitioner was concerned for his safety after removal). We direct the clerk to modify this panel’s Order and Judgment to substitute petitioner’s name with his initials to protect his identity. The modified Order and Judgment shall be publicly filed nunc pro tunc to the original filing date, February 11, 2022. The clerk is directed to keep all other documents relating to this case under seal. Entered for the Court Carolyn B. McHugh Circuit Judge 2 Appellate Case: 21-9519 Document: 010110665819 Date Filed: 04/01/2022 Page: 3 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT February 11, 2022 _________________________________ Christopher M. Wolpert Clerk of Court B.S.L., Petitioner, v. No. 21-9519 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. ------------------------------ BLACK LGBTQIA+ MIGRANT PROJECT; U.C. HASTINGS CENTER FOR GENDER AND REFUGEE STUDIES; LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC., Amici Curiae. _________________________________ ORDER AND JUDGMENT* _________________________________ Before HARTZ, McHUGH, and CARSON, Circuit Judges. _________________________________ * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. 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. Appellate Case: 21-9519 Document: 010110665819 Date Filed: 04/01/2022 Page: 4 B.S.L., a Jamaican national, petitions for review of a Board of Immigration Appeals (BIA) decision denying asylum, restriction on removal, and relief under the Convention Against Torture (CAT). Exercising jurisdiction under 8 U.S.C. § 1252, we deny the petition for review. I B.S.L. entered the United States in 2003 and, except for a brief departure, has remained here since. …

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