U.S. Court of Appeals for the Ninth Circuit, 2011

Hernandez-Garcia v. Holder

U.S. Court of Appeals for the Ninth Circuit · Decided February 28, 2011 · Canby, Fernandez, Smith

416 F. App'x 660

Counsel

Elizabeth Torres, Foss And Torres, Los Angeles, CA, for Petitioner., Kevin James Conway, Esquire, Richard M. Evans, Esquire, Assistant Director, Susan Houser, Oil, 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.

Opinion

MEMORANDUM **

Luis Hernandez-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252, and we grant the petition for review and remand for further proceedings.

The agency determined that petitioner was removable under the aggravated felony ground of deportation, 8 U.S.C. § 1227(a)(2)(A)(iii), based on his 1987 conviction for violating California Penal Code § 288(a). Subsequent to the agency’s decision in this case, we held in Ledezma-Galicia, v. Holder, 636 F.3d 1059 (9th Cir. 2010), that 8 U.S.C. § 1227(a)(2)(A)(iii) does not apply to convictions that occurred prior to November 18,1988. We therefore grant the petition for review and remand to the agency in light of Ledezma-Galicia.

PETITION FOR REVIEW GRANTED; REMANDED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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