08-6128-ag Duarte v. Holder

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

1 At a stated term of the United States Court of Appeals 2 for the Second Circuit, held at the Thurgood Marshall United 3 States Courthouse, 40 Foley Square, in the City of New York, 4 on the 14th day of February, two thousand fourteen. 5 6 PRESENT: 7 Peter W. Hall, 8 Debra Ann Livingston, 9 Denny Chin, 10 Circuit Judges. 11 _______________________________________ 12 13 Ramon Antonio DUARTE-CERI, 14 Petitioner, 15 16 v. 08-6128 17 18 ERIC H. HOLDER, JR., UNITED STATES 19 ATTORNEY GENERAL, 20 Respondent. 21 _______________________________________ 22 23 FOR PETITIONER: Amy Meselson, New York, New York. 24 25 FOR RESPONDENT: Yamileth G. Davila Office of 26 Immigration Litigation, United 27 States Department of Justice, 28 Washington, D.C. 29 30 31 1 UPON DUE CONSIDERATION of this petition for review of a

2 decision of the Board of Immigration Appeals (“BIA”),and upon

3 consideration of the parties’ letter briefs submitted in

4 response to this Court’s May 8, 2013 order, it is hereby

5 ORDERED, ADJUDGED, AND DECREED that the petition for review is

6 GRANTED and the matter is REMANDED to the BIA to reopen the

7 case and apply former INA section 321(a) in a manner

8 consistent with our opinion of December 6, 2010 and the

9 district court’s factual findings.*

10

11 FOR THE COURT: 12 Catherine O’Hagan Wolfe, Clerk 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

* For the reasons stated in her dissenting opinion of December 6, 2010, Judge Livingston would deny the petition for review. 2