Nixon Hutabarat; Melly Bakara v. MERRICK B. GARLAND, United States Attorney General

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
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NIXON HUTABARAT; MELLY
BAKARA,
Petitioners,
v.
MERRICK B. GARLAND, United States
Attorney General,
Respondent.
No. 21-9561
(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 to the Board of Immigration Appeals and to Stay the Briefing Schedule, by
which it requests that: (1) this court remand to the Board of Immigration Appeals
(“BIA”) for further consideration of the denial of Petitioners’ motion seeking to
reopen proceedings based on changed country conditions in order to apply for
asylum; and (2) the briefing schedule in this petition for review be stayed pending the
disposition of the motion.
* This order and judgment is not binding precedent, except under the doctrines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
January 11, 2022
Christopher M. Wolpert
Clerk of Court
Appellate Case: 21-9561 Document: 010110630235 Date Filed: 01/11/2022 Page: 1

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Upon consideration, the motion is granted in part. This matter is remanded to
the BIA for further consideration of the denial of Petitioners’ motion seeking to
reopen proceedings based on changed country conditions in order to apply for
asylum.
The motion is denied in remaining part as moot, to the extent that the
Government seeks to stay the briefing schedule in this petition for review pending the
disposition of this motion.
This petition for review is dismissed. Each party shall bear its own attorney
fees, costs, and expenses.
The mandate shall issue forthwith.
Entered for the Court
Per Curiam
Appellate Case: 21-9561 Document: 010110630235 Date Filed: 01/11/2022 Page: 2

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