Isaias Lorenzo Lopez v. Merrick Garland

CourtCourt of Appeals for the Ninth Circuit
DecidedJune 8, 2021
Docket15-72406
StatusPublished

This text of Isaias Lorenzo Lopez v. Merrick Garland (Isaias Lorenzo Lopez v. Merrick Garland) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Isaias Lorenzo Lopez v. Merrick Garland, (9th Cir. 2021).

Opinion

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.

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Isaias Lorenzo Lopez v. Merrick Garland, Counsel Stack Legal Research, https://law.counselstack.com/opinion/isaias-lorenzo-lopez-v-merrick-garland-ca9-2021.