BROOKS v. GARLAND (2023)

United States Court of Appeals, Fifth Circuit.

Adetokunbo Abosede BROOKS, Petitioner, v. Merrick GARLAND, U.S. Attorney General, Respondent.

No. 22-60364

Decided: May 24, 2023

Before King, Higginson, and Willett, Circuit Judges.

Jose C. Campos, Bethlehem, PA, for Petitioner. Russell John Verby, Esq., U.S. Department of Justice, Civil Division/OIL, Washington, DC, Lisa Joan Morinelli, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC for Respondent.

UNPUBLISHED ORDER

IT IS ORDERED that the opinion in Brooks v. Garland, No. 22-60364, 2023 WL 3254990 (5th Cir. May 4, 2023), is withdrawn in view of the Supreme Court opinion in Santos-Zacaria v. Garland, No. 21-1436, ––– U.S. ––––, ––– S.Ct. ––––, ––– L.Ed.2d ––––, 2023 WL 3356525 (U.S. May 11, 2023).

IT IS FURTHER ORDERED that the parties file supplemental briefs with this court on the following issues:

(1) Did Brooks forfeit her argument that the immigration judge applied an incorrect credibility standard by failing to raise it to the Board of Immigration Appeals?

(2) Assuming Brooks' argument was forfeited, should the court exercise its discretion to consider it regardless?

Petitioner's supplemental brief must be filed no later than June 7, 2023, and Respondent's supplemental brief must be filed no later than June 21, 2023.

Per Curiam:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law