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ERWIN v. BARR (2020)

United States Court of Appeals, Ninth Circuit.

Luzviminda Lola ERWIN, aka Luzviminda Dolang Lola, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 14-72325

Decided: November 04, 2020

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

Stephen Carl Woodruff, Saipan, MP, for Petitioner Andrew B. Insenga, Trial Attorney, Aimee J. Carmichael, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent

ORDER

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, 976 F.3d 918 (9th Cir. 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.

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.

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ERWIN v. BARR (2020)

Docket No: No. 14-72325

Decided: November 04, 2020

Court: United States Court of Appeals, Ninth Circuit.

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