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

Limon-Robles v. Holder

Limon-Robles v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided March 28, 2011 · Farris, O'Scannlain, Bybee
424 F. App'x 689

Limon-Robles v. Holder

Opinion of the Court

MEMORANDUM **

Jose Martin Limon-Robles, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order *690dismissing 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 Limon-Robles 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 Arizona Revised Statutes §§ 13-1405, 1401, 3821, 1001, 604.01, 702, 801 and 812. 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.

In light of our disposition, we need not address Limon-Robles’ remaining contentions.

PETITION FOR REVIEW GRANTED; REMANDED.

This disposition is not appropriate for publication and is not precedent except as provid*690ed by 9th Cir. R. 36-3.

Concurring Opinion

BYBEE, Circuit Judge,

concurring in the judgement:

I reluctantly concur in the judgment. I continue to believe that Ledezma-Galicia was wrongly decided. See Ledezma-Galicia v. Holder, 636 F.3d 1059 (9th Cir. 2010) (Bybee, J., dissenting).

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