Mehran Saidi v. Eric H. Holder Jr.

400 F. App'x 305

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 25, 2010
• Docket: 08-71706
• Status: Unpublished

Opinion

MEMORANDUM **

Mehran Saidi, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Castillo-Cruz v. Holder, 581 F.3d 1154, 1158-59 (9th Cir.2009). We grant the petition for review and remand.

The agency concluded that Saidi’s conviction for violating Cal.Penal Code § 273.5(a) was for “an offense referred to in” 8 U.S.C. § 1182(a)(2) which stopped his accrual of the seven years of continuous residence needed to be eligible for cancellation of removal relief under 8 U.S.C. § 1229b(a). See 8 U.S.C. § 1229b(d)(l)(B). However, the agency erred in concluding that Saidi’s misdemeanor conviction did not qualify for the “petty offense” exception under 8 U.S.C. § 1182(a)(2)(A)(ii)(II). See Cal.Penal Code § 17(b)(4); Garcia-Lopez v. Ashcroft, 334 F.3d 840, 844-46 (9th Cir.2003). We therefore remand for the agency to reconsider Saidi’s eligibility for cancellation of removal.

In light of our disposition, we do not reach Saidi’s remaining contentions.

PETITION FOR REVIEW GRANTED; REMANDED.

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