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RODRIGUEZ v. GARLAND

No. 20-60008.

15 F.4th 351 (2021)

Marcelo Eugenio RODRIGUEZ, also known as Marcelo Rodriguez Andueza, Petitioner, v. Merrick GARLAND, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

FILED September 27, 2021.

Attorney(s) appearing for the Case

Raed Gonzalez, Esq. , Senior Attorney, Ross Alan Miller , Gonzalez Olivieri, L.L.C., Houston, TX, for Petitioner.

Allison R. Frayer , U.S. Department of Justice, Office of Immigration Litigation, Richard Kelley , U.S. Department of Justice, Civil Division, Washington, DC, for Respondent.

Before Higginbotham, Willett, and Duncan, Circuit Judges.

Marcelo Eugenio Rodriguez seeks review of the dismissal of his appeal by the Board of Immigration Appeals ("BIA"). Rodriguez's appeal challenged the immigration judge's denial of his motion to reopen removal proceedings and rescind his in absentia removal order. We grant his petition, vacate the dismissal...

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