DUNCAN v. BARR

No. 17-2423.

919 F.3d 209 (2019)

Howard Egba DUNCAN, Jr., a/k/a Duncan Egbaf, a/k/a Howard Duncan, Petitioner, v. William P. BARR, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: March 19, 2019.

Amended: March 20, 2019.

Amended March 22, 2019.


Attorney(s) appearing for the Case

ARGUED: Michael S. DePrince , PEPPER HAMILTON LLP, Philadelphia, Pennsylvania, for Petitioner. Lindsay Donahue , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Anthony Vale , Kate A. Mahoney , PEPPER HAMILTON LLP, Philadelphia, Pennsylvania; Michelle N. Mendez , CATHOLIC LEGAL IMMIGRATION NETWORK, INC., Silver Spring, Maryland; Himedes V. Chicas , LAW OFFICES OF JEZIC & MOYSE, LLC, Silver Spring, Maryland, for Petitioner. Chad A. Readler , Acting Assistant Attorney General, Kiley Kane , Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Petition for review granted; remanded for further proceedings by published opinion. Judge Duncan wrote the opinion, in which Judge Motz and Judge Quattlebaum concurred.


After submitting an unsuccessful application for a certificate of citizenship with the United States Citizenship and Immigration Services (the "USCIS"), Howard Egba Duncan, Jr. was placed in removal proceedings. Duncan applied for relief under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading...

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