Lexis Hernandez Avilez v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LEXIS HERNANDEZ AVILEZ, No. 20-16142 Petitioner-Appellee, D.C. No. v. 3:19-cv-08296-

CRB

MERRICK B. GARLAND, Attorney General; ALEJANDRO N. MAYORKAS, in his official capacity; ORDER AND TAE D. JOHNSON, in his official AMENDED capacity; DAVID W. JENNINGS, OPINION Respondents-Appellants,

and

WENDELL ANDERSON, in his official capacity, Respondent.

Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding

Argued and Submitted October 22, 2021 San Francisco, California

Filed September 8, 2022 Amended June 6, 2023 Before: Mary H. Murguia, Chief Judge, and Marsha S. Berzon and Carlos T. Bea, Circuit Judges.

Order; Opinion by Chief Judge Murguia; Concurrence by Judge Berzon; Concurrence by Judge Bea

SUMMARY*

Habeas/Immigration

The panel filed: (1) an order amending the opinion filed on September 8, 2022, and published at 48 F.4th 915 (9th Cir. 2022), denying on behalf of the court a petition for rehearing en banc, and indicating that no further…