Kumar v. Garland

125 F.4th 1289

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

SANDEEP KUMAR, No. 23-308 Agency No.

Petitioner,

A216-274-852

v.

ORDER

MERRICK B. GARLAND, Attorney General,

Respondent.

Before: Evan J. Wallach,* Jacqueline H. Nguyen, and Patrick J. Bumatay, Circuit Judges.

Filed January 17, 2025

Order

*

The Honorable Evan J. Wallach, United States Senior Circuit Judge for the Federal Circuit, sitting by designation.

2 KUMAR V. GARLAND

SUMMARY**

Immigration

The panel issued an order withdrawing the opinion and dissent filed on August 2, 2024; replacing it with a memorandum disposition and dissent; and denying as moot a petition for panel rehearing.

ORDER

The opinion filed on August 2, 2024 (Dkt. No. 22) and published at 110 F.4th 1149 (2024), is withdrawn. It may not be cited as precedent to any court. A memorandum disposition resolving this matter will be filed concurrently with this order.

The memorandum disposition reflects the following changes to the withdrawn opinion:

On page 6, lines 9–10, delete: <Kumar was found credible, so his statements are taken as true. See Kaur, 986 F.3d at 1221. > On page 12, lines 10–11, delete: <we recognize that Kumar credibly testified that >

**

This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.

KUMAR V. GARLAND 3

On page 12, lines 12–13, delete: <Based on Kumar’s testimony, >

The petition for panel rehearing (Dkt. No. 27), filed on October 16, 2024, is denied as moot. No further petitions for rehearing or rehearing en banc may be filed.