Daniel Alberto Deras-Pena; Dimas Pena-Deras v. MERRICK B. GARLAND, United States Attorney General

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
_________________________________
DANIEL ALBERTO DERAS-PENA;
DIMAS PENA-DERAS,
Petitioners,
v.
MERRICK B. GARLAND, United States
Attorney General,
Respondent.
No. 21-9541
(Petition for Review)
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
_________________________________
This matter is before the court on the Government’s Unopposed Motion to
Remand, by which it requests that this court remand to the Board of Immigration
Appeals (“BIA”) for further consideration of Petitioners’ claims, in light of the
Attorney General’s vacatur of Matter of A-B-, 28 I. & N. Dec. 199 (A.G. 2021). See
Matter of A-B-, 28 I. & N. Dec. 307 (A.G. 2021).
* This order and judgment is not binding precedent, except under the doctrines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
July 21, 2021
Christopher M. Wolpert
Clerk of Court
Appellate Case: 21-9541 Document: 010110551484 Date Filed: 07/21/2021 Page: 1

-- 1 of 2 --

2
Upon consideration, the motion is granted. This matter is remanded to the BIA
for further consideration of Petitioners’ claims, in light of the Attorney General’s
vacatur of Matter of A-B-, 28 I. & N. Dec. 199 (A.G. 2021).
This petition for review is dismissed. A copy of this order shall stand as and
for the mandate of the court.
Entered for the Court
Per Curiam
Appellate Case: 21-9541 Document: 010110551484 Date Filed: 07/21/2021 Page: 2

-- 2 of 2 --