Manuel Navar-Diaz v. Loretta E. Lynch
Opinion
MEMORANDUM **
Manuel Navar-Diaz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“U”) removal order. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand.
The agency determined that Navar-Diaz’s theft conviction under California Penal Code § 487(a) was an aggravated felony theft offense under 8 U.S.C. § 1101(a)(43)(G) that rendered him removable. At the time it decided this case, the agency did not have the benefit of this court’s decision in Lopez-Valencia v. Lynch, 798 F.3d 863, 871 (9th Cir. 2015), concluding that “California’s theft statute is both overbroad and indivisible ... and a conviction under it can never be a ‘theft offense’ as defined in 8 U.S.C. § 1101(a)(43)(G).” Because Navar-Diaz is no longer removable on this ground, we grant the petition for review, and remand.
In light of this disposition, we need not reach Navar-Diaz’s remaining contentions regarding due process or his request for a continuance.
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.
Reference
- Full Case Name
- Manuel NAVAR-DIAZ, AKA Manuel Diaz, AKA Manuel DeJesus Diaz, AKA Manuel Navardiaz, AKA Manuel DeJesus Navardiaz, AKA Manuel Dejesus Vavardiaz, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
- Status
- Unpublished