Atm Magfoor Rahman Sarkar v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ATM MAGFOOR RAHMAN SARKAR; No. 17-72212

HASNA HENA RAHMAN; SAIQA

RAHMAN; SAHRIAR RAHMAN, Agency Nos. Petitioners, A070-952-103

A070-952-104

v. A070-952-105

A070-952-107

MERRICK B. GARLAND, Attorney General, Respondent. OPINION

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

Argued and Submitted March 10, 2022 Pasadena, California

Filed July 1, 2022

Before: Sandra S. Ikuta, Kenneth K. Lee, and Danielle J. Forrest, Circuit Judges.

Opinion by Judge Forrest SUMMARY *

Immigration

The panel denied the parties’ motion for judicial administrative closure of the case and denied Atm Magfoor Rahman Sarkar, his wife, and their children’s petition for review of the Board of Immigration Appeals’ denial of their third motion to reopen.

Although this case had been pending for nearly five years, shortly before oral argument both Sarkar and the Government moved to administratively close the case because the Government had deemed Sarkar a low enforcement priority. The panel denied the parties’…