Amilcar Antonio Francisco-Lopez v. Attorney General United States of America

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 19-2700
AMILCAR ANTONIO FRANCISCO-LOPEZ,
Petitioner
v.
ATTORNEY GENERAL UNITED STATES OF AMERICA,
Respondent
On Petition for Review of an Order of the
Board of Immigration Appeals
(Agency No.: A041-811-480)
Immigration Judge: Honorable Nelson Vargas Padilla
Before: SHWARTZ, SCIRICA, and RENDELL, Circuit Judges
ORDER AMENDING OPINION
IT IS SO ORDERED, that the published Opinion in the above case, filed on
May 15, 2020, be amended as follows:
On page 9, footnote 5, delete the following:
5 At the time the BIA rendered its decision in Francisco’s case, the BIA’s decision in
Obeya had been reversed by the Second Circuit. Retroactivity aside, we could not affirm
the BIA’s decision on “the grounds upon which the agency acted,” SEC v. Chenery

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2
Corp., 318 U.S. 80, 95 (1943), because the BIA relied on precedent that was no longer
good law. See Henriquez Dimas v. Sessions, 751 F. App’x 368, 370 (4th Cir. 2018)
(remanding to the BIA when the BIA opinion relied on a prior precedential BIA opinion
interpreting the definition of a CIMT that had since been reversed by the court of
appeals).
The amendment does not change the date of filing, May 15, 2020. An amended
opinion will be filed.
By the Court,
s/MARJORIE O. RENDELL
Circuit Judge
Dated: August 13, 2020
cc: All Counsel of Record

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