Romero-Cardoso v. Garland, No. 21-9549 (10th Cir. 2021)
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Appellate Case: 21-9549 Document: 010110573471 Date Filed: 09/09/2021 UNITED STATES COURT OF APPEALS Page: 1 FILED United States Court of Appeals Tenth Circuit FOR THE TENTH CIRCUIT _________________________________ REMIGIO ROMERO-CARDOSO, September 9, 2021 Christopher M. Wolpert Clerk of Court Petitioner, v. No. 21-9549 (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 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 Petitioner’s request for administrative closure, in light of the intervening decision of Matter of Cruz-Valdez, 28 I. & N. Dec. 326 (A.G. 2021); 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 * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Appellate Case: 21-9549 Document: 010110573471 Date Filed: 09/09/2021 Page: 2 Upon consideration, the motion is granted in part. This matter is remanded to the BIA for further consideration of Petitioner’s request for administrative closure, in light of the intervening decision of Matter of Cruz-Valdez, 28 I. & N. Dec. 326 (A.G. 2021). Pursuant to agreement of the parties, Petitioner shall not be subject to removal pending completion of proceedings on remand. 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 2
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