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GARCIA v. GARLAND

No. 20-1641 August Term 2021.

64 F.4th 62 (2023)

Antonio Luna GARCIA, Petitioner, v. Merrick B. GARLAND, United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: March 31, 2023.

Attorney(s) appearing for the Case

Bibiana C. Andrade , New York, NY, for Petitioner.

Colin J. Tucker , Trial Attorney, Office of Immigration Litigation ( Brian Boynton , Acting Assistant Attorney General, Civil Division, Greg D. Mack , Senior Litigation Counsel, Office of Immigration Litigation, on the brief), United States Department of Justice, Washington, D.C., for Respondent.

Before: Walker, Nardini, and Menashi, Circuit Judges.

Petitioner Antonio Luna Garcia seeks review of a decision of the Board of Immigration Appeals ("BIA" or the "Board") affirming the denial of his request for administrative closure of his removal proceedings. In denying the request, the agency relied on Matter of Castro-Tum, 27 I. & N. Dec. 271 (A.G. 2018), a then...

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