Flaviano Victoria-Faustino v. Loretta Lynch

Filing

ORDER issued GRANTING respondent's unopposed motion to amend opinion. The court's opinion dated August 1, 2017, is AMENDED is follows: 1) On page 3 of the slip opinion, which reads that the court remands "to the Board of Immigration Appeals for further proceedings," "Board of Immigration Appeals" is replaced with "Department of Homeland Security." 2) On page 7, footnote 1 of the slip opinion, which reads that the court must entertain Victoria-Faustino's arguments "even though he did not raise them to the Board," "Board" is replaced with "DHS." 3) On page 8 of the slip opinion, which reads that "the dissent contends that this would open the door for any legal challenge that was not raised to the Board to be heard on appeal," "Board" is replaced with "DHS." 4) On page 13 of the slip opinion, which reads that the court "must remand this petition to the Board for further proceedings," "Board" is replaced with "DHS." [6865069-2] [6874899-1] [6874899] [16-1784]

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Case: 16-1784 Document: 37 Filed: 10/10/2017 Pages: 2 UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Everett McKinley Dirksen United States Courthouse Room 2722 - 219 S. Dearborn Street Chicago, Illinois 60604 Office of the Clerk Phone: (312) 435-5850 www.ca7.uscourts.gov ORDER October 10, 2017 Before ANN CLAIRE WILLIAMS, Circuit Judge FLAVIANO VICTORIA-FAUSTINO, Petitioner No. 16-1784 v. JEFFERSON B. SESSIONS III, Attorney General of the United States, Respondent Originating Case Information: Agency Case No: A208-506-162 Department of Homeland Security Upon consideration of the RESPONDENT’S UNOPPOSED MOTION TO AMEND OPINION, filed on August 29, 2017, by counsel for the respondent, IT IS ORDERED that the motion is GRANTED. The court's opinion dated August 1, 2017, is AMENDED is follows: 1) On page 3 of the slip opinion, which reads that the court remands "to the Board of Immigration Appeals for further proceedings," "Board of Immigration Appeals" is replaced with "Department of Homeland Security." 2) On page 7, footnote 1 of the slip opinion, which reads that the court must entertain Victoria-Faustino's arguments "even though he did not raise them to the Board," "Board" is replaced with "DHS." 3) On page 8 of the slip opinion, which reads that "the dissent contends that this would open the door for any legal challenge that was not raised to the Board to be heard on appeal," Case: 16-1784 Document: 37 Appeal no. 16-1784 Filed: 10/10/2017 Pages: 2 Page 2 "Board" is replaced with "DHS." 4) On page 13 of the slip opinion, which reads that the court "must remand this petition to the Board for further proceedings," "Board" is replaced with "DHS." form name: c7_Order_3J(form ID: 177)

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