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BOCH-SABAN v. GARLAND

No. 20-60540.

30 F.4th 411 (2022)

Jose Santos BOCH-SABAN, Petitioner, v. Merrick GARLAND, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

FILED: April 8, 2022.

Attorney(s) appearing for the Case

Stacy Tolchin , Law Offices of Stacy Tolchin, Pasadena, CA, for Petitioner.

Jennifer A. Singer , Carmel Morgan, Esq. , Trial Attorney, U.S. Department of Justice, Washington, DC, for Respondent.

Before Southwick, Haynes, and Higginson, Circuit Judges.

I.

Petitioner Jose Santos Boch-Saban, a citizen of Guatemala, seeks review of a Board of Immigration Appeals decision dismissing, as untimely, his appeal of an immigration judge's order denying, as time and number barred, his motion to reopen and dismiss. We VACATE the Board's decision and REMAND the case for consideration in the...

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