MEMORANDUM ***

Jose Garcia-Chaidez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’s (“BIA”) decision that his conviction under California Penal Code section 273a(a) was a “crime of violence” under 18 U.S.C. § 16, and therefore qualified as an aggravated felony. The BIA affirmed the IJ’s decision pretermittihg Garcia-Chaidez’s application for cancellation of removal, and ordering him removed.

In Ramirez v. Lynch, No. 08-72896, we held that California Penal Code section 273a(a) is categorically overbroad and indivisible, and therefore is not a “crime of violence” and cannot constitute an aggravated felony. Because Garciar-Chaidez appealed to the BIA only the determination that his conviction qualified as an aggravated felony, we do not reach the IJ’s decision that he was also removable for having committed a crime of child abuse under 8 U.S.C. § 1227(a)(2)(E).

We therefore grant the petition and remand to the BIA for further proceedings.

Petition GRANTED and REMANDED.