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ETIENNE v. LYNCH

No. 14-2013.

813 F.3d 135 (2015)

Eddy ETIENNE, a/k/a Hailadingle, Zellew Tesfegna, a/k/a Eddy Etienn, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent. Capital Area Immigrants' Rights Coalition; National Immigration Project of the National Lawyers Guild, Amici Supporting Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided: December 30, 2015.

Attorney(s) appearing for the Case

ARGUED: Kwaku Affawua Akowuah , Sidley Austin LLP, Washington, D.C., for Petitioner. M. Jocelyn Lopez Wright , United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Quin M. Sorenson , Frances E. Faircloth , Christopher A. Eiswerth , Sidley Austin LLP, Washington, D.C., for Petitioner. Benjamin C. Mizer , Acting Assistant Attorney General, Civil Division, Leslie McKay , Assistant Director, Melissa Lott , Trial Attorney, Stefanie Notarino Hennes , Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. Morgan Macdonald , Heidi Altman , Claudia Cubas , Capital Area Immigrants' Rights Coalition, Washington, D.C.; Sejal Zota , National Immigration Project of The National Lawyers Guild, Boston, Massachusetts, for Amici Curiae.

Petition denied by published opinion. Judge DUNCAN wrote the opinion, in which Chief Judge TRAXLER and Judge WILKINSON joined.

After expedited proceedings authorized by the Immigration and Nationality Act ("INA"), the Department of Homeland Security ("DHS") ordered petitioner Eddy Etienne's removal, on the grounds that he is an alien who has been convicted of an "aggravated felony." See 8 U.S.C. §§ 1227(a)(2)(A)(iii), 1228(b).

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