BENT v. GARLAND

No. 22-1910.

115 F.4th 934 (2024)

Claude Stephen BENT, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2024.

Amended September 6, 2024.


Attorney(s) appearing for the Case

Kari E. Hong (argued), Florence Immigrant and Refugee Rights Project, Tucson, Arizona, for Petitioner.

Tim Ramnitz (argued), Senior Litigation Counsel, Shelley R. Goad, Assistant Director and Jennifer J. Keeney, Assistant Directors; Civil Division Office of Immigration Litigation; Brian M. Boynton, Principal Deputy Assistant Attorney General; United States Department of Justice, Washington, D.C.; for Respondent.

Andrew Wachtenheim, Immigrant Defense Project, New York, New York, for Amici Curiae Alberto Gonzalez; American Immigration Council, Andrea H. Sloan, Annie Garcy, Black Alliance for Just Immigration, Bruce J. Einhorn, Carol King, Cecelia Espenoza, Charles Honeyman, Dana Marks, Eliza Klein, Former Immigration Judges, George Chew, Heartland Alliance's National Immigrant Justice, Holly Cooper, Ilyce Shugall, Immigrant Defense Project, Immigrant Justice Idaho, Ira Kurzban, Jeffrey Chase, John Richardson, Laura Ramirez, Lory Rosenberg, Miriam Hayward, National Immigration Project of the National Lawyers Guild, Noel Ferris, Oregon Justice Resource Center, Patricia Sheppard, Paul Grussendorf, Paul Schmidt, Polly Webber, Rockey Mountain Immigrant Advocacy Network, Steven Abrams, Steven Morley and Terry Bain.

Rebecca G. Powell, Horvitz & Levy LLP, Burbank, California, for Amici Curiae American Civil Liberties Union, California Attorneys for Criminal Justice, California Public Defenders Association and Immigrant Legal Resource Center.

Dissent by Judge Forrest.


ORDER

The petition for panel rehearing (Dkt. No. 83) is GRANTED. The opinion filed August 15, 2024, and appearing at 2024 WL 3819829 (9th Cir. Aug. 15, 2024) is hereby amended. The amended opinion will be filed concurrently with this order. The dissent is unchanged. The existing deadline to file a Petition for Rehearing or Petition for Rehearing En Banc remains in place.

OPINION

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