Kami Etemadi v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KAMI ETEMADI, No. 18-72318 Petitioner, Agency No. v. A074-808-492

MERRICK B. GARLAND, Attorney General, OPINION Respondent.

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

Argued and Submitted February 11, 2021 Pasadena, California

Filed September 9, 2021

Before: Danny J. Boggs, ∗ Milan D. Smith, Jr., and Mary H. Murguia, Circuit Judges.

Opinion by Judge Boggs; Dissent by Judge Milan D. Smith, Jr.

∗ The Honorable Danny J. Boggs, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. SUMMARY **

Immigration

Granting Kami Etemadi’s petition for review of the Board of Immigration Appeals’ denial of a motion to reopen based on changed country conditions, and remanding, the panel held that: (1) the law-of-the-case doctrine did not require it to accept a prior panel’s determination that Etemadi is not a Christian; (2) Etemadi was not required to reattach his application for relief to his motion to reopen;…