Kelvin Melgar-Alas v. Merrick Garland

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 23 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

KELVIN ALEXANDER MELGAR-ALAS, No. 19-72163 AKA Kelvin Alas, AKA Kelvin Alexandra Alas-Melgar, AKA Kelvin Melgar, AKA Agency No. A077-070-077 Kelvin Alexander Melgar, AKA Pain,

Petitioner, ORDER

v.

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Argued and Submitted April 13, 2021 Submission Vacated April 15, 2021 Resubmitted November 22, 2021 Seattle, Washington

Before: O’SCANNLAIN and CALLAHAN, Circuit Judges, and FITZWATER,* District Judge. Partial Concurrence and Partial Dissent by Judge O’SCANNLAIN

The respondent’s unopposed motion to remand this case to the Board of

Immigration Appeals (“BIA”) (Dkt. No. 52) is GRANTED. On remand, the BIA

* The Honorable Sidney A. Fitzwater, United States District Judge for the Northern District of Texas, sitting by designation. is instructed to consider whether the petitioner satisfied the “objective official

manifestation of permanent…