SANCHEZ v. SESSIONS

No. 16-2330.

885 F.3d 782 (2018)

Jairo Ferino SANCHEZ, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent. ACLU of Maryland; American Immigration Council; National Immigration Project of the National Lawyers Guild, Amici Supporting Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided: March 27, 2018.


Attorney(s) appearing for the Case

ARGUED: Barry Dalin , UNIVERSITY OF MARYLAND FRANCIS KING CAREY SCHOOL OF LAW, Baltimore, Maryland, for Petitioner. Kohsei Ugumori , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Matthew E. Price , JENNER & BLOCK, LLP, Washington, D.C., for Amicus American Immigration Council. ON BRIEF: Maureen A. Sweeney , Supervising Attorney, Adilina Malavé , Third Year Law Student, Anne Brenner , Third Year Law Student, University of Maryland Carey Immigration Clinic, UNIVERSITY OF MARYLAND FRANCIS KING CAREY SCHOOL OF LAW, Baltimore, Maryland, for Petitioner. Chad A. Readler , Acting Assistant Attorney General, Emily Anne Radford , Assistant Director, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Sejal Zota , NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, Boston, Massachusetts, for Amicus National Immigration Project of the National Lawyers Guild. Deborah A. Jeon , Nicholas Steiner , AMERICAN CIVIL LIBERTIES UNION OF MARYLAND, Baltimore, Maryland, for Amicus ACLU of Maryland. Melissa Crow , AMERICAN IMMIGRATION COUNCIL, Washington, D.C., for Amicus American Immigration Council.

Petition denied by published opinion. Judge Motz wrote the opinion, in which Judge Diaz and Judge Conrad joined.


After questioning Jairo Ferino Sanchez and learning that he had entered the country illegally, state police officers detained and then transported him to Immigration and Customs Enforcement ("ICE"). An Immigration Judge ("IJ"), in a decision affirmed by the Board of Immigration Appeals ("BIA"), rejected Sanchez...

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