Opinion
20-9536
06-07-2021
MARK LAYLO BALANE, Petitioner, v. MERRICK B. GARLAND, United States Attorney General, Respondent.
(Petition for Review)
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
ORDER
This matter is before the court on Petitioner Mark Laylo Balane's Unopposed Motion to Remand to the Board of Immigration Appeals, by which he requests that this court remand to the Board of Immigration Appeals ("BIA") for further consideration of Petitioner's request for remand to the immigration judge ("IJ") to pursue cancellation of removal, in light of the Supreme Court's decision in Niz-Chavez v. Garland, 141 S.Ct. 1474 (2021).
Upon consideration, the abatement is lifted, and the motion is granted as modified herein. The stay of removal is vacated, and this matter is remanded to the BIA for further consideration of Petitioner's request for remand to the IJ to pursue cancellation of removal, in light of the Supreme Court's decision in Niz-Chavez v. Garland, 141 S.Ct. 1474 (2021).
This petition for review is dismissed. A copy of this order shall stand as and for the mandate of the court.