Simon Chavez-Govea v. MERRICK B. GARLAND, United States Attorney General

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
_________________________________
SIMON CHAVEZ-GOVEA,
Petitioner,
v.
MERRICK B. GARLAND, United States
Attorney General,
Respondent.
No. 22-9512
(Petition for Review)
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
_________________________________
This matter is before the court on the Respondent’s Unopposed Motion to
Remand (the “Motion”). Upon consideration, the Motion is granted, as modified by
this order.
The order filed by the Board of Immigration Appeals (the “Board”) filed
February 7, 2022, is vacated. This matter is remanded fully to the Board to conduct
any and all additional proceedings it deems necessary and appropriate to address the
* After examining the Motion, the opening brief, and the administrative record,
this panel has determined unanimously that oral argument would not materially assist
in the determination of this case. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G).
The case is therefore ordered 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judgment is not binding precedent, except under the doctrines of law of the case, res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.
FILED
United States Court of Appeals
Tenth Circuit
June 8, 2022
Christopher M. Wolpert
Clerk of Court
Appellate Case: 22-9512 Document: 010110694372 Date Filed: 06/08/2022 Page: 1

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matters raised in the Motion. The additional request to stay the briefing schedule is
denied as unnecessary.
The parties have agreed that the petitioner will not be subject to removal
pending the Board’s decision in the proceedings on remand.
This proceeding is dismissed. A copy of this order shall stand as and for the
mandate of this court.
Entered for the Court
Per Curiam
Appellate Case: 22-9512 Document: 010110694372 Date Filed: 06/08/2022 Page: 2

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