No. 15-9540.

846 F.3d 1099 (2016)

Ting XUE, Petitioner, v. Loretta E. LYNCH, United States Attorney General, Respondent.

United States Court of Appeals, Tenth Circuit.

As Revised January 23, 2017 nunc pro tunc to November 25, 2016.

Panel Rehearing and Rehearing En Banc Denied January 23, 2017.

Attorney(s) appearing for the Case

David J. Feder , Munger, Tolles & Olson LLP, Los Angeles, California, for Petitioner.

Allison Frayer , Trial Attorney ( M. Jocelyn Lopez Wright , Senior Litigation Counsel, and Melissa Neiman-Kelting , Senior Litigation Counsel, with her on the briefs), Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for Respondent.

Before BRISCOE, MURPHY, and PHILLIPS, Circuit Judges.


This matter is before the court on Respondent Loretta E. Lynch's unopposed Motion to Amend the Decision and Petitioner Ting Xue's Petition for Panel Rehearing and Rehearing En Banc.

The panel grants the Respondent's unopposed Motion to Amend and, thereby, replaces the phrase "clear error" with the phrase "substantial evidence" in the first and third sentences on page four of the slip opinion and the final...

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