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XING YANG YANG v. HOLDER

No. 13-1682.

770 F.3d 294 (2014)

XING YANG YANG, a/k/a Xing Yang, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: October 29, 2014.

Amended: November 5, 2014.

Attorney(s) appearing for the Case

ARGUED: Joshua E. Bardavid , Bardavid Law, New York, New York, for Petitioner. Kerry Ann Monaco , United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Eric Y. Zheng , New York, New York, for Petitioner. Stuart F. Delery , Assistant Attorney General, Civil Division, Linda S. Wernery , Assistant Director, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Petition for review granted; vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge MOTZ and Senior Judge DAVIS joined.

KING, Circuit Judge:

Xing Yang Yang, a native of China, petitions for review of the May 31, 2013 decision of the Board of Immigration Appeals (the "BIA") affirming the denial of his various applications for relief from deportation (the "BIA Decision").1 We grant Yang's petition for review, vacate the BIA Decision, and remand for further proceedings.

I.

As explained below, we ultimately conclude that Yang's petition should...

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