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WILLIAMS v. GARLAND

No. 20-1854.

53 F.4th 786 (2022)

Damien Donovan WILLIAMS, a/k/a Damian Donavan Williams, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: November 16, 2022.

Attorney(s) appearing for the Case

ARGUED: Benjamin Ross Winograd , IMMIGRANT & REFUGEE APPELLATE CENTER, LLC, Alexandria, Virginia, for Petitioner. Lindsay Colbert Dunn , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Jeffrey Bossert Clark , Acting Assistant Attorney General, Brian Boynton , Acting Assistant Attorney General, John S. Hogan , Assistant Director, Kiley Kane , 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. Senior Judge Floyd wrote the opinion in which Senior Judge Motz joined. Judge Rushing wrote a separate dissenting opinion.

In 2006, the Department of Homeland Security (DHS) deported Petitioner Damien Donovan Williams, a permanent resident of the United States since he was six years old, because the Board of Immigration Appeals (BIA or the Board) deemed his altercation with the police an aggravated felony. Because of that designation, Williams...

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