Liqiang Gu v. Robert Wilkinson ( 2021 )

FILED
NOT FOR PUBLICATION
FEB 19 2021
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LIQIANG GU, No. 13-72936
Petitioner, Agency No. A087-957-069
v.
ORDER
ROBERT M. WILKINSON, Acting
Attorney General,
Respondent.
Before: WARDLAW, BERZON, and RAWLINSON, Circuit Judges.
The panel has voted to grant Gu’s Petition for Panel Rehearing in light of
this Court’s en banc decision in Torres v. Barr, No. 13-70653, 2020 WL 5668478(9th Cir. Sept. 24, 2020) (en banc) (overruling Minto v. Sessions, 854 F.3d 619 (9th
Cir. 2017)). The prior memorandum disposition (Dkt. 64) in this case is vacated.
Gu’s petition for review of the order of the Board of Immigration Appeals is
remanded to the agency to determine in the first instance whether alternative
grounds for removability exist under 8 U.S.C. § 1182(a)(6)(A)(I).
The Petition for Panel Rehearing is GRANTED and the case is
REMANDED for further proceedings not inconsistent with this order.
The Petition for Rehearing en banc is denied as moot.
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