Amilcar Francisco-Lopez v. Attorney General USA, No. 19-2700 (3d Cir. 2020)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on May 15, 2020.
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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 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 2
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