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CHEN v. GARLAND

No. 19-4162 August Term 2021.

43 F.4th 244 (2022)

Li CHEN, Petitioner, v. Merrick B. GARLAND, United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: August 5, 2022.

Attorney(s) appearing for the Case

Stuart Altman , Law Office of Stuart Altman, New York, NY, for Petitioner.

Jenny C. Lee , Trial Attorney, Office of Immigration Litigation ( Jeffrey B. Clark , Acting Assistant Attorney General, Civil Division, Matthew B. George , Senior Litigation Counsel, Office of Immigration Litigation, on the brief), United States Department of Justice, Washington, DC, for Respondent.

Judge Pooler concurs in a separate opinion.

In 2014, an immigration judge ("IJ") entered an order of removal for Li Chen, a citizen of China who arrived in the United States without inspection. Two years later, Chen, having never left, obtained derivative asylee status through his wife. He filed a motion to reopen his case in 2018, seeking to terminate the removal...

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