LARA-AGUILAR v. SESSIONS

No. 16-1836.

889 F.3d 134 (2018)

Francisco LARA-AGUILAR, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: May 2, 2018.


Attorney(s) appearing for the Case

ARGUED: Shon Robert Hopwood , GEORGETOWN LAW APPELLATE COURTS IMMERSION CLINIC, Washington, D.C., for Petitioner. Matthew B. George , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Steven H. Goldblatt , Director, Sarah E. Balkissoon , Student Counsel, Hillary B. Neger , Student Counsel, Harry R.S. Phillips , Student Counsel, GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Petitioner. Chad A. Readler , Acting Assistant Attorney General, Civil Division, Benjamin C. Mizer , Principal Deputy, Assistant Attorney General, Civil Division, Douglas E. Ginsburg , Assistant Director, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Before TRAXLER, KING, and HARRIS, Circuit Judges. Judge Traxler wrote the opinion in which Judge King and Judge Harris joined.


In the fall of 2013, Francisco Lara-Aguilar was caught while attempting to enter the United States illegally and subsequently removed. A few months later, Lara-Aguilar returned and attempted another unlawful border crossing but was caught in the act once again. As a result, the Department of Homeland Security ("DHS") opted...

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