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JULMICE v. GARLAND

No. 21-1177.

29 F.4th 206 (2022)

Evens JULMICE, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: March 23, 2022.

Attorney(s) appearing for the Case

ARGUED: Jennifer Sheethel Varughese , ROTH JACKSON GIBBONS CONDLIN, PLC, McLean, Virginia, for Petitioner. Spencer Stephen Shucard , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Brian Boynton , Acting Assistant Attorney General, Keith I. McManus , Assistant Director, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Petition granted; vacated and remanded by published opinion. Judge Heytens wrote the opinion, in which Judge Richardson and Judge Rushing joined.

A federal statute gives the Attorney General discretion to grant waiver of removal to a person who "is the ... son[] or daughter of a citizen of the United States." 8 U.S.C. § 1227(a)(1)(H)(i)(I). The Board of Immigration Appeals concluded petitioner Evens Julmice is categorically ineligible under that provision...

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