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TOMCZYK v. GARLAND

No. 16-72926.

25 F.4th 638 (2021)

Gary TOMCZYK, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 14, 2021.

Amended February 11, 2022.

Attorney(s) appearing for the Case

Xavier Gonzales (argued), Las Vegas, Nevada, for Petitioner.

Walter Manning Evans (argued), Patrick J. Glen , and Bryan S. Beier , Senior Litigation Counsel; John W. Blakeley , Assistant Director; Jesse Lloyd Busen and Craig A. Newell Jr. , Attorneys; Brian M. Boynton , Acting Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Christopher J. Hajec and Gina M. D'Andrea , Immigration Reform Law Institute, Washington, D.C., for Amicus Curiae Immigration Reform Law Institute.

Order; Opinion by Judge Callahan.

ORDER

The respondent's motion to amend the opinion (Dkt. No. 99) is GRANTED. The Opinion filed on December 14, 2021, is amended as follows:

On slip opinion page 17, lines 6-9, replace <The fact that Tomczyk would not be subject to criminal sanctions if he waited more than one year to reenter did not imply that he would be eligible to be admitted at that point.> with <Whether or not the notice would have affected the applicability...

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