Qiu v. Garland, No. 21-9508 (10th Cir. 2021)

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Appellate Case: 21-9508 Document: 010110596004 Date Filed: 10/26/2021 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT _________________________________ YUN QIU, Page: 1 FILED United States Court of Appeals Tenth Circuit October 26, 2021 Christopher M. Wolpert Clerk of Court Petitioner, v. No. 21-9508 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before HARTZ, PHILLIPS, and EID, Circuit Judges. _________________________________ 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Appellate Case: 21-9508 Document: 010110596004 Date Filed: 10/26/2021 Page: 2 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 2

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