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SOTNIKAU v. LYNCH

No. 15-2073.

846 F.3d 731 (2017)

Ihar SOTNIKAU, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: January 24, 2017.

Attorney(s) appearing for the Case

ARGUED: Jason Matthew Zarrow , O'MELVENY & MYERS LLP, Washington, D.C., for Petitioner. Keith Ian McManus , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Mary Patrice Brown , O'MELVENY & MYERS LLP, Washington, D.C., for Petitioner. Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Cindy S. Ferrier , Assistant Director, Office of Immigration Litigation, Civil Division, 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 Niemeyer and Judge Agee joined.

After pleading guilty to involuntary manslaughter under Virginia law, Ihar Sotnikau — a native of Belarus who was admitted to the United States as a lawful permanent resident in 2008 — was subjected to removal proceedings. The Department of Homeland Security (the "DHS") instituted those proceedings because, in...

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