DERAS PENA v. GARLAND (2021)

United States Court of Appeals, Tenth Circuit.

Daniel Alberto DERAS-PENA; Dimas Pena-Deras, Petitioners, v. Merrick B. GARLAND, United States Attorney General, Respondent.

No. 21-9541

Decided: July 21, 2021

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.

Christine M. Hernandez, Hernandez & Associates, Denver, CO, for Petitioners. Gregory A. Pennington, Jr., U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Lansing W. Tyler, DHS Immigration and Customs Enforcement, District of Colorado, Centennial, CO, for Respondent.

ORDER AND JUDGMENT *

This matter is before the court on the Government's Unopposed Motion to Remand, by which it requests that this court remand to the Board of Immigration Appeals (“BIA”) for further consideration of Petitioners’ claims, in light of the Attorney General's vacatur of Matter of A-B-, 28 I. & N. Dec. 199 (A.G. 2021). See Matter of A-B-, 28 I. & N. Dec. 307 (A.G. 2021).

Upon consideration, the motion is granted. This matter is remanded to the BIA for further consideration of Petitioners’ claims, in light of the Attorney General's vacatur of Matter of A-B-, 28 I. & N. Dec. 199 (A.G. 2021).

This petition for review is dismissed. A copy of this order shall stand as and for the mandate of the court.

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