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NUNEZ-VASQUEZ v. BARR

No. 19-1841.

965 F.3d 272 (2020)

David NUNEZ-VASQUEZ, a/k/a David Nunez, Petitioner, v. William P. BARR, Attorney General, Respondent. American Immigration Council; Immigrant Defense Project; Capital Area Immigrants' Rights Coalition, Amici Supporting Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided: July 13, 2020.

Attorney(s) appearing for the Case

Ellis C. Baggs , BAGGS LAW GROUP, PLC, Richmond, Virginia; Benjamin R. Winograd , IMMIGRANT & REFUGEE APPELLATE CENTER, LLC, Alexandria, Virginia, for Petitioner. Joseph H. Hunt , Assistant Attorney General, Civil Division, Mary Jane Candaux , Assistant Director, Nicole J. Thomas-Dorris , Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Trina Realmuto , Kristin Macleod-Ball , AMERICAN IMMIGRATION COUNCIL, Brookline, Massachusetts; Nancy Morawetz , WASHINGTON SQUARE LEGAL SERVICES, INC., New York, New York, for Amici American Immigration Council and Immigrant Defense Project. Samantha Hsieh , CAPITAL AREA IMMIGRANTS' RIGHTS (CAIR) COALITION, Washington, D.C., for Amicus Capital Area Immigrants' Rights Coalition.

Petition for review granted, order of removal vacated, and remanded with instructions by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Floyd and Judge Harris joined.

David Nunez-Vasquez seeks review of the Board of Immigration Appeals ("BIA") finding that he was removable because he had been convicted of two crimes involving moral turpitude ("CIMT")—a conviction for leaving an accident in violation of Va. Code Ann. § 46.2-894 and a conviction for use of false identification...

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