Quan Jin v. William Barr

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 4, 2020
• Docket: 13-70415
• Status: Unpublished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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 4 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

QUAN BIN JIN, No. 13-70415

Petitioner, Agency No. A087-957-040

v. ORDER WILLIAM P. BARR, Attorney General,

Respondent.

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

Submitted October 11, 2018* Honolulu, Hawaii

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

The panel has voted to grant Jin’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. 65) in this case is vacated. Jin’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). Jin’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).

The petition for panel rehearing is GRANTED and the case is

REMANDED for further proceedings not inconsistent with this order.