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SILVA v. GARLAND

Nos. 16-70130 17-73272.

993 F.3d 705 (2021)

Joel Empleo SILVA, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Submitted April 16, 2020 San Francisco, California.

Attorney(s) appearing for the Case

Manohar Raju , Public Defender; Matt Gonzalez , Chief Attorney; Francisco Miguel Ugarte , Attorney; Office of the Public Defender, San Francisco, California; Brian P. Goldman , Orrick Herrington & Sutcliffe LLP, San Francisco, California; Jennifer M. Keighley , Orrick Herrington & Sutcliffe LLP, New York, New York; Ethan P. Fallon and Katherine M. Kopp , Orrick Herrington & Sutcliffe LLP, Washington, D.C.; for Petitioner.

Jeffrey Bossert Clark , Acting Assistant Attorney General; John W. Blakeley , Assistant Director; Bryan S. Beier , Senior Litigation Counsel; Christina P. Greer , Trial Attorney; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Philip L. Torrey , Supervising Attorney; Lena Melillo and Eric Noble-Marks , Law Students, Crimmigation Clinic, Harvard Law School, Cambridge, Massachusetts, for Amici Curiae Florence Immigrant & Refugee Rights Project and Immigrant Defense Project.

Jose H. Varela , Public Defender; Rachael Keast , Deputy Public Defender; Marin County Office of the Public Defender, San Rafael, California; for Amici Curiae California Public Defender's Association, Marin County Office of the Public Defender, Los Angeles County Office of the Public Defender, Santa Clara County Office of the Public Defender, Alameda County Office of the Public Defender, Contra Costa County Office of the Public Defender, Fresno County Office of the Public Defender, Ventura County Office of the Public Defender, Sonoma County Office of the Public Defender, and Yolo County Office of the Public Defender.

Charles Roth , National Immigrant Justice Center, Chicago, Illinois, for Amicus Curiae National Immigrant Justice Center.

Jerome Mayer-Cantú , Oakland, California, for Amici Curiae Law Professors and Clinicians.

Kari Hong , Ninth Circuit Appellate Project, Boston College Law School, Newton, Massachusetts, for Amicus Curiae Immigrant Legal Resource Center.

Concurrence by Judge Berzon.

ORDER

The opinion and concurring opinion filed July 10, 2020, and appearing at 965 F.3d 724 (9th Cir. 2020), are withdrawn. They may not be cited by or to this court or any district court of the Ninth Circuit.

A new opinion is filed simultaneously with the filing of this order, along with a concurring opinion. The petition for rehearing en banc is denied as moot. The parties may file petitions for rehearing...

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