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GARCIA HERNANDEZ v. GARLAND

No. 20-1678.

27 F.4th 263 (2022)

Napoleon GARCIA HERNANDEZ, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: March 2, 2022.

Attorney(s) appearing for the Case

ON BRIEF: Benjamin J. Osorio , Alexandra Ribe , MURRAY OSORIO PLLC, Fairfax, Virginia, for Petitioner. Brian Boynton , Acting Assistant Attorney General, Cindy S. Ferrier , Assistant Director, Brendan P. Hogan , Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Petition for review granted; vacated and remanded by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Motz and Judge Thacker joined.

Napoleon Garcia Hernandez, a native and citizen of Honduras, petitions for review of an order of the Board of Immigration Appeals ("BIA") dismissing his appeal of the Immigration Judge's ("IJ") denial of his motion to reopen removal proceedings. For the reasons below, we grant the petition and vacate and remand to the...

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