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Yañez-Peña Vacated, Remanded

May 16, 2022 (1 min read)

Yañez-Peña v. Garland (unpub.)

"In 2020, we denied Petitioner Erika Yanez-Pena’s petition for review of an order of the Board of Immigration Appeals (“BIA”) denying her motion to reopen her removal proceedings. Yanez-Pena v. Barr, 952 F.3d 239, 241 (5th Cir. 2020), cert. granted, judgment vacated sub nom. Yanez-Pena v. Garland, 209 L. Ed. 2d 727 (2021). ... [W]e have concluded that Niz-Chavez’s holding applies to cases—like this one—in which a petitioner was ordered removed in absentia. Rodriguez v. Garland, 15 F.4th 351, 355 (5th Cir. 2021) (“Under Niz-Chavez’s interpretation of § 1229(a), we . . . require a single document containing the required information in the in absentia context.”), reh’g denied, 31 F.4th 935 (5th Cir. 2022). The petition for review is GRANTED, the BIA’s decision is VACATED, and the case is REMANDED to the BIA for further proceedings consistent with this opinion."

[Hats off to Raed Gonzalez for persevering!]