AGUAYO v. GARLAND

No. 20-9651.

78 F.4th 1210 (2023)

Angel AGUAYO, Petitioner, v. Merrick B. GARLAND, United States Attorney General, Respondent. American Immigration Council; National Immigrant Justice Center, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED August 18, 2023.


Attorney(s) appearing for the Case

Joseph Robertson , Student Attorney ( Hans Meyer and Tania N. Valdez , Supervising Attorneys; Lauren Jones and Edgar Chavarria , Student Attorneys, University of Denver Sturm College of Law, Immigration Law and Policy Clinic, Denver, Colorado, with him on the briefs), for Petitioner.

Kohsei Ugumori , Senior Litigation Counsel, Office of Immigration Litigation ( Brian Boynton , Acting Assistant Attorney General, and Leslie McKay , Acting Assistant Director, Civil Division, United States Department of Justice, Washington, District of Columbia, with him on the brief), for Respondent.

Mark Fleming , National Immigrant Justice Center, Chicago, Illinois; Katherine Melloy Goettel and Emma Winger , American Immigration Council, Washington, District of Columbia, filed an Amici Curiae Brief for the American Immigration Council and National Immigrant Justice Center in support of Petitioner.

Before ROSSMAN, KELLY, and MURPHY, Circuit Judges.


Angel Aguayo filed a motion to terminate his removal proceedings, contending his state detention and transfer to U.S. Immigration and Customs Enforcement (ICE) custody was unlawful. The Immigration Judge (IJ) denied his motion, and the Board of Immigration Appeals (BIA) affirmed. Mr. Aguayo now petitions for review.

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