Deras Pena v. Garland, No. 21-9541 (10th Cir. 2021)
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UNITED STATES COURT OF APPEALS FILED United States Court of Appeals Tenth Circuit FOR THE TENTH CIRCUIT _________________________________ DANIEL ALBERTO DERAS-PENA; DIMAS PENA-DERAS, July 21, 2021 Christopher M. Wolpert Clerk of Court Petitioners, v. No. 21-9541 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ 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 * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. 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 2
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