FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT July 21, 2021 _________________________________ Christopher M. Wolpert Clerk of Court DANIEL ALBERTO DERAS-PENA; DIMAS PENA-DERAS,

Petitioners,

v. No. 21-9541 (Petition for Review) MERRICK B. GARLAND, United States Attorney General,

Respondent. _________________________________

ORDER AND JUDGMENT* _________________________________

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. _________________________________

This matter is before the court on the Government’s Unopposed Motion to

Remand, by which it requests that this court remand to the Board of Immigration

Appeals (“BIA”) for further consideration of Petitioners’ claims, in light of the

Attorney General’s vacatur of Matter of A-B-, 28 I. & N. Dec. 199 (A.G. 2021). See

Matter of A-B-, 28 I. & N. Dec. 307 (A.G. 2021).

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Upon consideration, the motion is granted. This matter is remanded to the BIA

for further consideration of Petitioners’ claims, in light of the Attorney General’s

vacatur of Matter of A-B-, 28 I. & N. Dec. 199 (A.G. 2021).

This petition for review is dismissed. A copy of this order shall stand as and

for the mandate of the court.

Entered for the Court

Per Curiam

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