Luzviminda Erwin v. William Barr

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 4, 2020
• Docket: 14-72325
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 4 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

LUZVIMINDA LOLA ERWIN, AKA No. 14-72325 Luzviminda Dolang Lola, Agency No. A200-160-164 Petitioner,

v. ORDER

WILLIAM P. BARR, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted October 10, 2018* University of Hawaii Manoa

Before: WARDLAW, BERZON, and RAWLINSON, Circuit Judges.

The panel has voted to grant Erwin’s petition for panel rehearing in light of

this court’s en banc decision in Torres v. Barr, No. 13-70653, 2020 WL 5668478

(9th Cir. Sept. 24, 2020) (en banc) (overruling Minto v. Sessions, 854 F.3d 619 (9th

Cir. 2017)). The prior memorandum disposition (Dkt. 57) in this case is vacated.

Erwin’s petition for rehearing en banc is denied as moot.

* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Erwin’s petition for review of the order of the Board of Immigration

Appeals is remanded to the agency to determine in the first instance whether

alternative grounds for removability exist under 8 U.S.C. § 1182(a)(6)(A)(i).

The petition for panel rehearing is GRANTED and the case is

REMANDED for further proceedings not inconsistent with this order.