David Belaire Landry, Esquire, Attorney, Law Office of David Landry, San Diego, CA, Eric F. Citron, Goldstein & Russell, P.C., Bethesda, MD, for Petitioner.

Samuel P. Go, Senior Litigation Counsel, Aimee J. Carmichael, Brianne Whelan Cohen, Trial Attorneys, OIL, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, OFFICE OF THE CHIEF COUNSEL, Department of Homeland Security, San Francisco, CA, for Respondent.

David J. Zimmer, Goodwin Procter LLP, Boston, MA, for Amici Curiae IMMIGRANT DEFENSE PROJECT, NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, IMMIGRANT LEGAL RESOURCE CENTER, NATIONAL IMMIGRANT JUSTICE CENTER, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD.

Kari Elisabeth Hong, Attorney, Boston College Law School, Newton, Philip Torrey, Harvard Immigration and Refugee Clinical Program, Cambridge, MA, for Amicus Curiae IMMIGRATION LAW PROFESSORS, EXPERTS, AND CLINICIANS.

Agency No. AXXX-XX2-169

Before: THOMAS, Chief Circuit Judge

ORDER

The motion to dismiss this appeal as moot is GRANTED, and the order scheduling oral argument following the grant of rehearing en banc is VACATED. The three-judge panel disposition in this case, which was designated as non-precedential on March 13, 2019, is VACATED. The appeal is DISMISSED. Each party will bear its own costs. This order served on the agency shall constitute the mandate of this court.