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16-1784 - Flaviano Victoria-Faustino v. Jefferson B. Sessions III


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16-1784 - Flaviano Victoria-Faustino v. Jefferson B. Sessions III
August 1, 2017
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Filed opinion of the court by Judge Williams. The petition for review is GRANTED and the petition is REMANDED for further proceedings. Joel M. Flaum, Circuit Judge; Daniel A. Manion, Circuit Judge, dissenting and Ann Claire Williams, Circuit Judge. [6857928-1] [6857928] [16-1784]
October 10, 2017
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ORDER issued GRANTING respondent's unopposed motion to amend opinion. The court's opinion dated August 1, 2017, is AMENDED is follows: 1) On page 3 of the slip opinion, which reads that the court remands "to the Board of Immigration Appeals for further proceedings," "Board of Immigration Appeals" is replaced with "Department of Homeland Security." 2) On page 7, footnote 1 of the slip opinion, which reads that the court must entertain Victoria-Faustino's arguments "even though he did not raise them to the Board," "Board" is replaced with "DHS." 3) On page 8 of the slip opinion, which reads that "the dissent contends that this would open the door for any legal challenge that was not raised to the Board to be heard on appeal," "Board" is replaced with "DHS." 4) On page 13 of the slip opinion, which reads that the court "must remand this petition to the Board for further proceedings," "Board" is replaced with "DHS." [6865069-2] [6874899-1] [6874899] [16-1784]