Hernandez-Padilla v. Holder

Opinion

FILED NOT FOR PUBLICATION APR 27 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

FELIPE DE JESUS HERNANDEZ- No. 05-75291 PADILLA, Agency No. A076-850-597 Petitioner,

v. MEMORANDUM *

ERIC H. HOLDER JR., Attorney General,

Respondent.

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

Argued and Submitted November 6, 2009 San Francisco, California

Before: B. FLETCHER, CANBY, and GRABER, Circuit Judges.

Petitioner Felipe de Jesus Hernandez-Padilla petitions for review of the

Board of Immigration Appeals’ denial of cancellation of removal. Because

Petitioner’s case is in all relevant ways identical to the petitioner’s case in Nunez-

Reyes v. Holder, No. 05-75291, slip op. at 6053 (9th Cir. Apr. 23, 2010), and in the

petitioner’s case in Rice v. Holder, 597 F.3d 952 (9th Cir. 2010), we grant the

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. petition for review and remand for further proceedings. As in Nunez-Reyes, we

remand on an open record, and the government is free to raise any arguments not

rejected in that opinion.

Petition GRANTED; case REMANDED.