Orlando Lay-Gonzalez v. Jefferson Sessions
Orlando Lay-Gonzalez v. Jefferson Sessions
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 14 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ORLANDO LAY-GONZALEZ, No. 14-70727 Petitioner, Agency No. A037-175-011 v. JEFFERSON B. SESSIONS III, Attorney MEMORANDUM* General, Respondent.
Appeal from the Board of Immigration Appeals Submitted June 12, 2018** San Francisco, California Before: TASHIMA and M. SMITH, Circuit Judges, and KORMAN,*** District Judge.
Petitioner Orlando Lay-Gonzalez petitions for review of a decision of the Board of Immigration Appeals (BIA) determining that Lay-Gonzalez’s conviction
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Edward R. Korman, United States District Judge for the Eastern District of New York, sitting by designation. for coercion under Nevada Revised Statute § 207.190(2)(a) was categorically a crime of violence under 18 U.S.C. § 16(b).
The Supreme Court, however, has recently held that § 16(b) is unconstitutionally vague. See Sessions v. Dimaya, 138 S. Ct. 1204, 1223 (2018). In addition, we recently held that coercion under Nevada Revised Statute § 207.190 is not a crime of violence under the Sentencing Guidelines. United States v. Edling, No. 16-10457, slip op. at 11 (9th Cir. Jun. 8, 2018). In light of Dimaya and the BIA’s reliance on § 16(b), and Edling, Lay-Gonzalez’s petition is GRANTED and we REMAND to the BIA for further proceedings.
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