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GUZMAN CHAVEZ v. HOTT

No. 18-6086, No. 18-6419.

940 F.3d 867 (2019)

Maria Angelica GUZMAN CHAVEZ; Danis Faustino Castro Castro; Jose Alfonso Serrano Colocho, Petitioners-Appellees, and Christian Flores Romero; Wilber A. Rodriguez Zometa, Petitioners, v. Russell HOTT, Field Office Director, U.S. Immigration and Customs Enforcement; DOJ Executive Office for Immigration Review; Ronald D. Vitiello, Acting Director, U.S. Immigration and Customs Enforcement; William P. Barr, Attorney General, Respondents-Appellants, and Brenda Cook, Court Administrator, Executive Office for Immigration Review, Baltimore Immigration Court, Respondent. American Immigration Council; American Immigration Lawyers Association, Amici Supporting Appellees. Rogelio Amilcar Cabrera Diaz; Jennry Francisco Moran Barrera; Rodolfo Eduardo Rivera Flamenco, on behalf of themselves and all others similarly situated, Petitioners-Appellees, v. Russell Hott, Field Office Director, U.S. Immigration and Customs Enforcement; William P. Barr, Attorney General, Respondents-Appellants. American Immigration Council; American Immigration Lawyers Association, Amici Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: October 10, 2019.

Attorney(s) appearing for the Case

ARGUED: Scott Grant Stewart , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Paul Whitfield Hughes, III , MAYER BROWN LLP, Washington, D.C., for Appellees. ON BRIEF: Chad A. Readler , Acting Assistant Attorney General, William C. Peachey , Director, Gisela A. Westwater , Assistant Director, Brian C. Ward , Senior Litigation Counsel, Lauren E. Fascett , Ari Nazarov , Civil Division, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Simon Yehuda Sandoval-Moshenberg , Rachel Colleen McFarland , LEGAL AID JUSTICE CENTER, Falls Church, Virginia; Mark Stevens , MURRAY OSORIO PLLC, Fairfax, Virginia; Adam Hudes , MAYER BROWN LLP, Washington, D.C., for Appellees. Trina Realmuto , Boston, Massachusetts, Karolina J. Walters , AMERICAN IMMIGRATION COUNCIL, Washington, D.C., for Amici Curiae.

Affirmed by published opinion. Judge Harris wrote the opinion, in which Judge Floyd joined. Judge Richardson wrote a dissenting opinion.

The petitioners in this case are a class of noncitizens subject to reinstated removal orders, which generally are not open to challenge. The petitioners may, however, pursue withholding of removal if they have a reasonable fear of persecution or torture in the countries designated...

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