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

Legesse v. Holder

Legesse v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided March 8, 2011
419 F. App'x 729

Legesse v. Holder

Opinion

MEMORANDUM **

Gebrekidane Demelew Legesse, a native and citizen of Ethiopia, 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 July 1, 1988 conviction for violating California Penal Code § 288(a). Subsequent to the agency’s decision in this case, we held in Ledezmar-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 Ledezmar-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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