Opinion
20-9522 20-9528
06-11-2021
ALFREDO SANDOVAL-BALTAZAR, 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 Respondent's Motion for Remand and Petitioner's Response thereto.
Respondent moves to remand this case to the agency for further proceedings in accordance with Niz-Chavez v. Garland, 141 S.Ct. 1474 (2021) (holding that "stop-time" rule can only be triggered when Department of Homeland Security serves a single Notice to Appear document that provides all statutorily prescribed information). Respondent requests that each party bear its own attorney's fees and costs. Petitioner agrees that the case should be remanded to the agency under Niz-Chavez but asserts that Respondent should pay for the attorney's fees and costs of these petition(s).
Upon careful consideration, we lift the abatement of these consolidated petitions and we grant Respondent's motion for remand as follows.
This case is REMANDED to the Board of Immigration Appeals for further proceedings in accordance with Niz-Chavez v. Garland, 141 S.Ct. 1474 (2021).
Any bill of costs or motion for attorney's fees must be filed in accordance with federal and local rules and set forth the legal basis for any award. See Fed. R. App. P. 39(b); 10th Cir. R. 39.
A copy of this order shall stand as and for the mandate of this court.