Hitendrakumar Patel v. Jefferson Sessions, III

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 14, 2018
• Docket: 17-60496
• Status: Unpublished

Opinion

Case: 17-60496 Document: 00514641933 Page: 1 Date Filed: 09/14/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 17-60496 FILED September 14, 2018 Summary Calendar Lyle W. Cayce Clerk HITENDRAKUMAR CHANDHU BHAL PATEL, also known as Hitendrafumar Patel,

Petitioner - Appellant

v.

JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL,

Respondent - Appellee

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A099 227 161

Before BARKSDALE, ELROD, and HO, Circuit Judges. PER CURIAM: * Hitendrakumar Chandhu Bhal Patel, a native and citizen of India, was lawfully admitted to the United States and became a lawful permanent resident in 2006. He petitions for review of the Board of Immigration Appeals’ (BIA) order that determined he was removable under 8 U.S.C. § 1227(a)(2)(A)(iii) because of an “aggravated felony” conviction as defined by

*Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. Case: 17-60496 Document: 00514641933 Page: 2 Date Filed: 09/14/2018

No. 17-60496

8 U.S.C. § 1101(a)(43)(F) and 18 U.S.C. § 16(b). The BIA also rejected Patel’s request for relief from removal. In the light of our then-binding holding in United States v. Gonzalez- Longoria, 831 F.3d 670, 672 (5th Cir. 2016) (en banc), abrogated by Sessions v. Dimaya, 138 S. Ct. 1204, 1212 n.2, 1223 (2018), the BIA’s removability ruling rested exclusively on the conclusion that Patel’s conviction qualified as a crime of violence under § 16(b)’s residual clause. Given the Supreme Court’s invalidation of § 16(b) in Dimaya, the BIA erred in concluding Patel was removable under that provision. Dimaya, 138 S. Ct. at 1223; see also United States v. Godoy, 890 F.3d 531, 537 (5th Cir. 2018) (noting “Dimaya’s invalidation of § 16(b) in” the Immigration & Nationality Act). We GRANT the petition for review, VACATE the order of the BIA, and REMAND.