Bent

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CLAUDE STEPHEN BENT, No. 22-1910

Petitioner, Agency No. 037-050-176 v.

MERRICK B. GARLAND, Attorney General, OPINION

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted November 17, 2023 San Francisco, California

Filed August 15, 2024

Before: Danielle J. Forrest and Salvador Mendoza, Jr., Circuit Judges, and Solomon Oliver, Jr., * District Judge. Opinion by Judge Mendoza; Dissent by Judge Forrest

* The Honorable Solomon Oliver, Jr., Senior United States District Judge for the Northern District of Ohio, sitting by designation. SUMMARY **

Immigration

The panel granted in part petitioner Claude Stephen Bent’s petition for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen removal proceedings, and remanded for the BIA to adjudicate petitioner’s motion to reopen under the correct legal standards. Petitioner moved to reopen his removal proceedings after a California state court vacated his felony…