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TOMAS-RAMOS v. GARLAND

No. 20-1201.

24 F.4th 973 (2022)

Adan De Jesus TOMAS-RAMOS, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: February 2, 2022.

Attorney(s) appearing for the Case

ARGUED: Michael D. Lieberman , KIRKLAND & ELLIS LLP, Washington, D.C., for Petitioner. Patricia E. Bruckner , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Simon Y. Sandoval-Moshenberg , Stacy M. Kim , LEGAL AID JUSTICE CENTER, Falls Church, Virginia; Paul F. Brinkman , Michael A. Francus , KIRKLAND & ELLIS LLP, Washington, D.C., for Petitioner. Ethan P. Davis , Acting Assistant Attorney General, Anthony P. Nicastro , Assistant Director, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Petition for review granted; vacated and remanded by published opinion. Judge Harris wrote the opinion, in which Chief Judge Gregory and Judge Rushing joined.

After Adan de Jesus Tomas-Ramos, a citizen and native of Guatemala, reentered the United States illegally in 2018, a removal order previously entered against him was reinstated. But because Tomas-Ramos expressed a fear of returning to Guatemala, an asylum officer conducted a screening interview to determine whether...

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