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HERNANDEZ-AVALOS v. LYNCH

No. 14-1331.

784 F.3d 944 (2015)

Maydai HERNANDEZ-AVALOS, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: April 30, 2015.

Attorney(s) appearing for the Case

ARGUED: Tamara L. Jezic, Yacub Law Offices, LLC, Woodbridge, Virginia, for Petitioner. Rebecca Hoffberg Phillips, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Ivan Yacub, Yacub Law Offices, LLC, Woodbridge, Virginia, for Petitioner. Joyce R. Branda, Acting Assistant Attorney General, Civil Division, Daniel E. Goldman, Senior Litigation Counsel, Samuel P. Go, Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Petition for review granted; remanded for further proceedings by published opinion. Judge SHEDD wrote the opinion, in which Judge WYNN and Judge THACKER joined.

Maydai Hernandez-Avalos, a native and citizen of El Salvador, petitions for review of a final order of removal entered by the Board of Immigration Appeals (BIA). For the reasons that follow, we grant Hernandez's petition for review, vacate the BIA's order, and remand for further proceedings.

I.

In June 2008...

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