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

Perez-Lizarraga v. Holder

Perez-Lizarraga v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided March 7, 2011 · Canby, Fernandez, Smith
418 F. App'x 656

Perez-Lizarraga v. Holder

Opinion

MEMORANDUM **

Jesus Manuel Perez-Lizarraga, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ or *657 der 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 1970 conviction for violating California Penal Code § 220. Subsequent to the agency’s decision in this case, we held in Ledezma-Galicia v. Holder, 686 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 Ledezmar-Galicia.

PETITION FOR REVIEW GRANTED; REMANDED.

**

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

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