Ledezma-Sandoval v. Holder

373 F. App'x 699

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 2, 2010
• Docket: 05-77082
• Status: Unpublished

Opinion

MEMORANDUM **

Lorenzo Ledezma-Sandoval petitions for review of a decision of the Board of Immigration Appeals (BIA) dismissing his appeal of a final order of removal.

The BIA erred in holding that Ledezma was removable as an aggravated felon by reason of his conviction for second-degree murder in 1981 because “8 U.S.C. § 1227(a)(2)(A)(iii) [providing that an alien convicted of an aggravated felony is de-portable] does not apply to convictions ... that occurred prior to November 18,1988.” Ledezmu-Galicia v. Holder, 599 F.3d 1055, 1075 (9th Cir.2010). Because we hold that the 1981 conviction cannot serve as a basis for removal, we do not reach Ledezma’s alternative arguments regarding his eligibility for a waiver of that ground of removal.

We grant the petition and remand to the BIA for further proceedings.

PETITION FOR REVIEW GRANTED; REMANDED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.