Murrieta-Espino v. Holder

416 F. App'x 663

Opinion

MEMORANDUM **

Ricardo Murrieta-Espino, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order sustaining the government’s appeal from an immigration judge’s decision. We have jurisdiction under 8 U.S.C. § 1252, and we grant the petition for review and remand for further proceedings.

The agency determined that Murrieta-Espino was removable under the aggravated felony ground of deportation, 8 U.S.C. § 1227(a)(2)(A)(iii), based on his 1986 conviction for violating California Penal Code § 288(a). Subsequent to the agency’s decision in this case, we held in Ledezma-Galicia v. Holder, 636 F.3d 1059 (9th Cir. 2010), that 8 U.S.C. § 1227(a)(2)(A)(iii) does not apply to convictions that occurred prior to November 18,1988. We therefore grant the petition for review and remand to the agency in light of Ledezma-Galicia.

In light of our disposition, we do not reach Murrieta-Espino’s remaining contentions.

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.