Raul Garcia Marin v. MERRICK B. GARLAND, Attorney General of the United States

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
O N R EMAND FROM THE S UPREME C OURT OF THE U NITED S TATES
Submitted August 18, 2023
Decided February 28, 2024
Before
DIANE S. SYKES, Chief Judge
JOEL M. FLAUM, Circuit Judge
MICHAEL B. BRENNAN, Circuit Judge
No. 20-3393
RAUL GARCIA MARIN,
Petitioner,
v.
MERRICK B. GARLAND,
Attorney General of the United States,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals.
No. A075-818-976
O R D E R
The Supreme Court returned this case to us for further consideration in light of
the Solicitor General’s change of position on the question of mootness. The government
filed a Circuit Rule 54 statement and an unopposed motion to remand the case to the
Board of Immigration Appeals. Without conceding error, the government now takes the
position that further proceedings before the Board are warranted. In his Circuit Rule 54
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1

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No. 20-3393 Page 2
statement, petitioner Raul Garcia Marin confirmed that he agrees with the motion to
remand to the Board.
We held the matter based on a jurisdictional concern about the timeliness of
Garcia Marin’s petition for review. The same jurisdictional issue was then pending
before other panels of this court; a decision in any of those cases might have affected
our jurisdiction here. The issue is now resolved. See F.J.A.P. v. Garland, No. 21-2284, 2024
WL 804140, at *13 (7th Cir. Feb. 27, 2024) (holding that a reinstated order of removal is
not final for purposes of judicial review until the immigration agency has completed
withholding proceedings).
Our jurisdiction is secure. We therefore grant the unopposed motion and remand
this case to the Board of Immigration Appeals for further proceedings.

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