Henri Nababan v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

HENRI NABABAN; HARLENA ROSE No. 18-72548

SILALAHI,

Petitioners, Agency Nos.

A078-020-176

v. A096-349-826

MERRICK B. GARLAND, Attorney General, OPINION Respondent.

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

Argued and Submitted April 13, 2021 Pasadena, California

Filed November 23, 2021

Before: Richard A. Paez and Lawrence VanDyke, Circuit Judges, and Sharon L. Gleason, * District Judge.

Opinion by Judge Gleason; Dissent by Judge VanDyke

* The Honorable Sharon L. Gleason, United States District Judge for the District of Alaska, sitting by designation. SUMMARY **

Immigration

Granting Henri Nababan and Harlena Rose Silalahi’s petition for review of an order of the Board of Immigration Appeals denying their second motion to reopen their applications for asylum, withholding of removal, and relief under the Convention Against Torture, vacating the order of removal, and remanding, the panel held that the Board erred by failing to assess…