Barclay v. Garland, No. 21-9576 (10th Cir. 2022)

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Appellate Case: 21-9576 Document: 010110698618 Date Filed: 06/17/2022 UNITED STATES COURT OF APPEALS Page: 1 FILED United States Court of Appeals Tenth Circuit FOR THE TENTH CIRCUIT _________________________________ MAURICE LAMAR BARCLAY, June 17, 2022 Christopher M. Wolpert Clerk of Court Petitioner, v. MERRICK B. GARLAND, United States Attorney General, Respondent. No. 21-9576 (Petition for Review) _________________________________ ORDER AND JUDGMENT * _________________________________ Before MATHESON, BACHARACH, and MORITZ, Circuit Judges. _________________________________ Maurice Lamar Barclay, proceeding pro se, filed a petition for review of the agency’s decision denying his application for cancellation of removal. The government filed a motion for remand (the “Motion”). Mr. Barclay filed a response in opposition, an amendment to his response, and a supplement to his response. Upon consideration, we grant the Motion, as modified by this order and judgment. 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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: 21-9576 Document: 010110698618 Date Filed: 06/17/2022 Page: 2 We vacate the order filed by the Board of Immigration Appeals (the “BIA”) on September 10, 2021. We fully remand this matter to the BIA to consider the issue raised in the Motion. It may also consider any other issues it deems necessary and appropriate. We grant Mr. Barclay’s motion for leave to proceed on appeal without prepayment of costs or fees, and we deny as moot his second motion to appoint counsel. We dismiss the petition for review. A copy of this order shall stand as and for the mandate of this court. Entered for the Court Nancy L. Moritz Circuit Judge 2

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