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TINOCO ACEVEDO v. GARLAND

No. 20-2048.

44 F.4th 241 (2022)

Rodolfo Josue TINOCO ACEVEDO, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: August 11, 2022.

Attorney(s) appearing for the Case

ARGUED: Benjamin Ross Winograd , IMMIGRANT & REFUGEE APPELLATE CENTER, LLC, Alexandria, Virginia, for Petitioner. Kathleen Kelly Volkert , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Brian M. Boynton , Acting Assistant Attorney General, Jeffrey R. Leist , Senior Litigation Counsel, 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. Chief Judge Gregory wrote the opinion, in which Judge Motz and Judge Wynn joined.

Petitioner Rodolfo Josue Tinoco Acevedo appeals an order of the Board of Immigration Appeals ("BIA") affirming the denial of his application for cancellation of removal. Because the BIA failed to address whether Tinoco Acevedo's case should be remanded to a new immigration judge ("IJ") under Matter of Y-S-L-C-, 26 I...

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