Maurice Lamar Barclay v. MERRICK B. GARLAND, United States Attorney General

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
_________________________________
MAURICE LAMAR BARCLAY,
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 This order and judgment is not binding precedent,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.
FILED
United States Court of Appeals
Tenth Circuit
June 17, 2022
Christopher M. Wolpert
Clerk of Court
Appellate Case: 21-9576 Document: 010110698618 Date Filed: 06/17/2022 Page: 1

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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
Appellate Case: 21-9576 Document: 010110698618 Date Filed: 06/17/2022 Page: 2

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