ZAPATA-CHACON v. GARLAND

No. 20-9645.

51 F.4th 1191 (2022)

Javier ZAPATA-CHACON, Petitioner, v. Merrick B. GARLAND, United States Attorney General, Respondent. National Immigration Litigation Alliance, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

FILED October 25, 2022.


Attorney(s) appearing for the Case

Hans Meyer , Meyer Law Office P.C. ( Andrew Bramante with him on the briefs), Denver, Colorado, for Petitioner.

Timothy G. Hayes , Office of Immigration Litigation ( Brian Boynton , Acting Assistant Attorney General, Civil Division; and Cindy S. Ferrier , Office of Immigration Litigation, with him on the brief), Washington, D.C., for Respondent.

Kristin Macleod-Ball and Trina Realmuto , National Immigration Litigation Alliance, Brookline, Massachusetts, filed an amicus brief on behalf of the National Immigration Litigation Alliance.

Before TYMKOVICH, PHILLIPS, and McHUGH, Circuit Judges.


In 1999, Javier Zapata-Chacon, then a conditional permanent resident, admitted his removability based on a Colorado conviction for possession of marihuana. An Immigration Judge ("IJ") ordered Mr. Zapata-Chacon removed and a final administrative order issued and was executed that...

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