Isaias Lorenzo Lopez v. MERRICK B. GARLAND, Attorney General

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ISAIAS LORENZO LOPEZ,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 15-72406
Agency No.
A078-242-814
OPINION
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted En Banc June 1, 2021*
San Francisco, California
File June 8, 2021
Before: Sidney R. Thomas, Chief Judge, and Marsha S.
Berzon, Johnnie B. Rawlinson, Morgan Christen,
Paul J. Watford, Mark J. Bennett, Eric D. Miller,
Bridget S. Bade, Daniel P. Collins, Danielle J. Forrest,
and Lawrence J. VanDyke, Circuit Judges.
Opinion by Chief Judge Thomas
* The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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LORENZO LOPEZ V. GARLAND 2
COUNSEL
Jan Joseph Bejar and Nicole A. Leon, Law Offices of Jan
Joseph Bejar P.L.C., San Diego, California; David J. Zimmer
and Joshua J. Bone, Goodwin Procter LLP, Boston,
Massachusetts; for Petitioner.
John W. Blakeley, Assistant Director; M. Jocelyn Lopez
Wright and Patrick J. Glen, Senior Litigation Counsel; Office
of Immigration Litigation, Civil Division, United States
Department of Justice, Washington, D.C.; for Respondent.
Philip L. Torrey, Crimmigration Clinic, Harvard Immigration
and Refugee Clinical Program, Harvard Law School,
Cambridge, Massachusetts, for Amici Curiae
Retired Immigration Judges and Former Members of the
Board of Immigration Appeals.
Russell Reid Abrutyn, Abrutyn Law PLLC, Berkley,
Michigan, for Amicus Curiae the American Immigration
Lawyers Association.
OPINION
THOMAS, Chief Judge:
We stayed en banc proceedings and submission of this
case pending the issuance of an opinion by the United States
Supreme Court in Niz-Chavez v. Barr, No. 19-863. The
Supreme Court has now issued its opinion. Niz-Chavez v.
Garland, 141 S. Ct. 1474 (2021). In light of the decision, we
GRANT the Petition for Review and REMAND the case to

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LORENZO LOPEZ V. GARLAND 3
the Board of Immigration Appeals for reconsideration in light
of Niz-Chavez.
PETITION GRANTED. REMANDED.

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