Eduardo Enriquez v. Robert Wilkinson

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 1, 2021
• Docket: 13-72934
• Status: Published

Opinion

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 1 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

EDUARDO J. ENRIQUEZ, AKA Eduardo No. 13-72934 Jobanny Enriquez, Agency No. A095-465-235 Petitioner,

v. ORDER

ROBERT M. WILKINSON, Acting Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submission Deferred April 3, 2020 Submitted August 6, 2020* Pasadena, California

Before: Kim McLane Wardlaw, Mary H. Murguia, and Eric D. Miller, Circuit Judges.

Respondent’s unopposed motion to remand (Dkt. No. 74) is GRANTED.

We REMAND this case to the Board of Immigration Appeals for reconsideration

of whether Petitioner’s conviction under Cal. Penal Code § 136.1(a)(2) constitutes

a crime of moral turpitude. We WITHDRAW our previously filed opinion in this

* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). case, Enriquez v. Barr, 969 F.3d 1057 (9th Cir. 2020), and DENY Petitioner’s

petition for rehearing en banc (Dkt. No. 64) as moot.

Petitioner’s order of removal is STAYED pending a new final decision by

the BIA and any decision of this Court on a subsequent petition for review, should

one be filed. Each party shall bear its own costs of appeal. This order constitutes

the mandate of this court.

IT IS SO ORDERED.