U.S. Court of Appeals for the Ninth Circuit, 2010

Hernandez-Padilla v. Holder

Hernandez-Padilla v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided April 27, 2010 · Canby, Fletcher, Graber
377 F. App'x 678

Counsel

Bernadette W. Connolly, Esq. Fax, Law Offices of Bernadette W. Connolly, San Jose, CA, for Petitioner., Ronald E. Lefevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, San Francisco, CA, Richard M. Evans, Esq., Kristin A. Cabral, Esq., U.S. Department of Justice Civil Div./Office of Immigration Lit., Michael Ferrara, Esq., U.S. Dept of Justice Criminal Div., Public Integrity Section, Washington, D.C., for Respondent.

Hernandez-Padilla v. Holder

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Opinion of the Court

MEMORANDUM *

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, 602 F.3d 1102 (9th Cir. 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.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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