Varinder Singh v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

VARINDER SINGH, No. 20-70050

Petitioner, Agency No.

A209-393-493

v.

MERRICK B. GARLAND, Attorney OPINION General,

Respondent.

On Remand from the United States Supreme Court

Filed September 17, 2024

Before: M. Margaret McKeown and Ronald M. Gould, Circuit Judges, and Donald W. Molloy, * District Judge.

Opinion by Judge Gould

* The Honorable Donald W. Molloy, United States District Judge for the District of Montana, sitting by designation. SUMMARY**

Immigration

On remand from the United States Supreme Court, the panel granted Varinder Singh’s petition for review of a decision of the Board of Immigration Appeals denying his motion to reopen a removal order entered in absentia, vacated the BIA’s decision, and remanded. The panel previously granted Singh’s petition because his Notice to Appear lacked the time and date of his hearing. The Supreme Court vacated the panel’s judgment and remanded for the panel to address Singh’s argument that his in absentia removal order was subject to recission because his…