Tapia Coria v. Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SILVIA TAPIA CORIA, No. 22-970 Agency No. Petitioner,

A092-680-641

v.

ORDER AND

MERRICK B. GARLAND, Attorney AMENDED General, OPINION

Respondent.

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

Argued and Submitted October 20, 2023 Phoenix, Arizona

Filed March 19, 2024 Amended August 16, 2024

Before: Sandra S. Ikuta, Bridget S. Bade, and Daniel A. Bress, Circuit Judges.

Order; Opinion by Judge Bress SUMMARY *

Immigration

The panel denied a petition for rehearing en banc and issued an amended opinion dismissing, for lack of jurisdiction, a petition for review of the Board of Immigration Appeals’ denial of petitioner’s motions for remand and administrative closure. In the original opinion, the panel held that this court’s “on the merits” exception to the criminal jurisdiction bar at 8 U.S.C. § 1252(a)(2)(C) is clearly irreconcilable with the reasoning and theory of Nasrallah v. Barr, 140 S. Ct. 1683 (2020), which defined a “final order of removal” to include all IJ or BIA rulings…