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LAZO-GAVIDIA v. GARLAND

No. 20-2306.

73 F.4th 244 (2023)

Azucena Aracely LAZO-GAVIDIA; D.A.L.G., Petitioners, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: July 12, 2023.

Attorney(s) appearing for the Case

ARGUED: Herbert Glenn Fogle, Jr. , THE FOGLE LAW FIRM, LLC, Atlanta, Georgia, for Petitioners. Brendan Paul Hogan , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Brian Boynton , Acting Assistant Attorney General, Cindy S. Ferrier , Assistant Director, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Petition for review granted, order vacated, and remanded by published opinion. Judge Wynn wrote the opinion, in which Senior Judge Motz joined. Judge Rushing wrote a dissenting opinion.

This petition raises important questions about proper notice in removal proceedings. Federal immigration law mandates that the government provide a noncitizen with a written notice to appear that contains certain critical details about her removal hearing, including the "time and place" of the proceedings. In a pair of recent...

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