Yun Qiu v. MERRICK B. GARLAND, United States Attorney General

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
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YUN QIU,
Petitioner,
v.
MERRICK B. GARLAND, United States
Attorney General,
Respondent.
No. 21-9508
(Petition for Review)
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ORDER AND JUDGMENT*
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Before HARTZ, PHILLIPS, and EID, Circuit Judges.
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Yun Qiu, a Chinese citizen, petitions for review of her removal order. Before
the agency, she moved to administratively close the removal proceedings against her,
and an immigration judge denied the motion. The Board of Immigration Appeals
(Board) affirmed the denial, relying on Matter of Castro-Tum, 27 I. & N. Dec. 271
(A.G. 2018). After the Board issued its decision, however, the Attorney General
overruled Castro-Tum. See Matter of Cruz-Valdez, 28 I. & N. Dec. 326 (A.G. 2021).
* After examining the briefs and appellate record, this panel has determined
unanimously to honor the parties’ request for a decision on the briefs without oral
argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore
submitted without oral argument. This order and judgment is not binding precedent,
except under the doctrines of law of the case, res judicata, and collateral estoppel. It
may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1
and 10th Cir. R. 32.1.
FILED
United States Court of Appeals
Tenth Circuit
October 26, 2021
Christopher M. Wolpert
Clerk of Court
Appellate Case: 21-9508 Document: 010110596004 Date Filed: 10/26/2021 Page: 1

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We ordered the parties to file supplemental briefs addressing how Cruz-Valdez
affects this matter.
The government has filed an unopposed motion to remand the proceedings to
the Board and to suspend the supplemental-briefing schedule. We grant the petition
for review, vacate the Board’s order, and remand to the Board to reconsider its
decision in light of Cruz-Valdez. We deny as moot the request to suspend the
supplemental-briefing schedule.
Entered for the Court
Harris L Hartz
Circuit Judge
Appellate Case: 21-9508 Document: 010110596004 Date Filed: 10/26/2021 Page: 2

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