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GONZALEZ v. GARLAND

No. 20-1924.

16 F.4th 131 (2021)

Javier Chavez GONZALEZ, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: October 20, 2021.

Attorney(s) appearing for the Case

ARGUED: Benjamin Ross Winograd , IMMIGRANT & REFUGEE APPELLATE CENTER, LLC, Alexandria, Virginia, for Petitioner. Sara J. Bayram , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Rebekah G. Grafton , FAY GRAFTON NUNEZ, Raleigh, North Carolina, for Petitioner. Brian M. Boynton , Acting Assistant Attorney General, John W. Blakeley , Assistant Director, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Petition for review granted in part and denied in part; vacated and remanded by published opinion. Judge Thacker wrote the opinion, in which Judge Floyd and Judge Harris joined.

In August 2016, Javier Chavez Gonzalez ("Petitioner") was granted deferred action on his removal from the United States pursuant to the Deferred Action for Childhood Arrivals program ("DACA"). As a result of his conviction for a misdemeanor in North Carolina, the United States Department of Homeland Security ("DHS") terminated...

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