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Etienne v. Lynch

United States Court of Appeals, Fourth Circuit

December 30, 2015

EDDY ETIENNE, a/k/a Hailadingle, Zellew Tesfegna, a/k/a Eddy Etienn, Petitioner,
v.
LORETTA E. LYNCH, Attorney General, Respondent

Argued October 27, 2015

Page 136

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

ARGUED:

Kwaku Affawua Akowuah, SIDLEY AUSTIN LLP, Washington, D.C., for Petitioner.

M. Jocelyn Lopez Wright, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

ON BRIEF:

 Quin M. Sorenson, Frances E. Faircloth, Christopher A. Eiswerth, SIDLEY AUSTIN LLP, Washington, D.C., for Petitioner.

Benjamin C. Mizer, Acting Assistant Attorney General, Civil Division, Leslie McKay, Assistant Director, Melissa Lott, Trial Attorney, Stefanie Notarino Hennes, Trial Attorney, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Morgan Macdonald, Heidi Altman, Claudia Cubas, CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, Washington, D.C.; Sejal Zota, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, Boston, Massachusetts, for Amici Curiae.

Before TRAXLER, Chief Judge, and WILKINSON and DUNCAN, Circuit Judges. Judge Duncan wrote the opinion, in which Chief Judge Traxler and Judge Wilkinson joined.

OPINION

Page 137

DUNCAN, Circuit Judge

After expedited proceedings authorized by the Immigration and Nationality Act (" INA" ), the Department of Homeland Security (" DHS" ) ordered petitioner Eddy Etienne's removal, on the grounds that he is an alien who has been convicted of an " aggravated felony." See 8 U.S.C. ...


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