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Enriquez v. Barr Remanded (CIMT)

March 02, 2021 (1 min read)

Enriquez v. Wilkinson

"Respondent’s unopposed motion to remand (Dkt. No. 74) is GRANTED. We REMAND this case to the Board of Immigration Appeals for reconsideration of whether Petitioner’s conviction under Cal. Penal Code § 136.1(a)(2) ["Knowingly and maliciously attempts to prevent or dissuade any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law] constitutes a crime of moral turpitude. We WITHDRAW our previously filed opinion in this case, Enriquez v. Barr, 969 F.3d 1057 (9th Cir. 2020), and DENY Petitioner’s petition for rehearing en banc (Dkt. No. 64) as moot. Petitioner’s order of removal is STAYED pending a new final decision by the BIA and any decision of this Court on a subsequent petition for review, should one be filed."

[NOTE: This petition for review was filed in 2013!]