Chavez-Govea v. Garland


Appellate Case: 22-9512 Document: 010110694372 Date Filed: 06/08/2022 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT June 8, 2022 _________________________________ Christopher M. Wolpert Clerk of Court SIMON CHAVEZ-GOVEA, Petitioner, v. No. 22-9512 (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 Respondent’s Unopposed Motion to Remand (the “Motion”). Upon consideration, the Motion is granted, as modified by this order. The order filed by the Board of Immigration Appeals (the “Board”) filed February 7, 2022, is vacated. This matter is remanded fully to the Board to conduct any and all additional proceedings it deems necessary and appropriate to address the * After examining the Motion, the opening brief, and the administrative record, this panel has determined unanimously that oral argument would not materially assist in the determination of this case. 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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: 22-9512 Document: 010110694372 Date Filed: 06/08/2022 Page: 2 matters raised in the Motion. The additional request to stay the briefing schedule is denied as unnecessary. The parties have agreed that the petitioner will not be subject to removal pending the Board’s decision in the proceedings on remand. This proceeding is dismissed. A copy of this order shall stand as and for the mandate of this court. Entered for the Court Per Curiam 2 22-9512 Court of Appeals for the Tenth Circuit ca10 10th Cir. Chavez-Govea v. Garland 8 June 2022 Unpublished 1d9f70428e46a5c4297ec0bbc2015e87a326daa9

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