Hernandez-Padilla v. Holder

FILED NOT FOR PUBLICATION APR 27 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

FELIPE DE JESUS HERNANDEZ- No. 05-75291 PADILLA,

Agency No. A076-850-597 Petitioner,

v. MEMORANDUM * ERIC H. HOLDER JR., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted November 6, 2009 San Francisco, California

Before: B. FLETCHER, CANBY, and GRABER, Circuit Judges.

Petitioner Felipe de Jesus Hernandez-Padilla petitions for review of the Board of Immigration Appeals’ denial of cancellation of removal. Because Petitioner’s case is in all relevant ways identical to the petitioner’s case in Nunez- Reyes v. Holder, No. 05-75291, slip op. at 6053 (9th Cir. Apr. 23, 2010), and in the petitioner’s case in Rice v. Holder, 597 F.3d 952 (9th Cir. 2010), we grant the petition for review and remand for further proceedings. As in Nunez-Reyes, we remand on an open record, and the government is free to raise any arguments not rejected in that opinion.

Petition GRANTED; case REMANDED.