FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SANDEEP KUMAR, No. 23-308
Agency No.
Petitioner,
A216-274-852
v.
ORDER
MERRICK B. GARLAND, Attorney
General,
Respondent.
Before: Evan J. Wallach,* Jacqueline H. Nguyen, and
Patrick J. Bumatay, Circuit Judges.
Filed January 17, 2025
Order
*
The Honorable Evan J. Wallach, United States Senior Circuit Judge
for the Federal Circuit, sitting by designation.
2 KUMAR V. GARLAND
SUMMARY**
Immigration
The panel issued an order withdrawing the opinion and
dissent filed on August 2, 2024; replacing it with a
memorandum disposition and dissent; and denying as moot
a petition for panel rehearing.
ORDER
The opinion filed on August 2, 2024 (Dkt. No. 22) and
published at
(2024), is withdrawn. It may
not be cited as precedent to any court. A memorandum
disposition resolving this matter will be filed concurrently
with this order.
The memorandum disposition reflects the following
changes to the withdrawn opinion:
On page 6, lines 9–10, delete: <Kumar was
found credible, so his statements are taken as
true. See Kaur, 986 F.3d at 1221. >
On page 12, lines 10–11, delete: <we
recognize that Kumar credibly testified that >
…
This summary constitutes no part of the opinion of the court. It has
been prepared by court staff for the convenience of the reader.
KUMAR V. GARLAND 3
On page 12, lines 12–13, delete: <Based on
Kumar’s testimony, >
The petition for panel rehearing (Dkt. No. 27), filed on
October 16, 2024, is denied as moot. No further petitions for
rehearing or rehearing en banc may be filed.
