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CA9 on Removal as Departure: Lopez-Angel v. Barr

December 28, 2019 (1 min read)

Lopez-Angel v. Barr

"The government removed Silvano Lopez-Angel to Mexico while his appeal to the Board of Immigration Appeals (“BIA”) was pending. It now argues that Lopez withdrew the appeal because he left the country. We cannot improve on Judge Kethledge’s description of the government’s position: “To state that argument should be to refute it[.]” Madrigal v. Holder, 572 F.3d 239, 246 (6th Cir. 2009) (Kethledge, J., concurring). We conclude that the removal did not withdraw Lopez’s appeal and grant his petition for review."

[Hats off to Lauren (Cusick) Cusitello!]