Salazar-Fuentes v. Holder

474 F. App'x 548

Opinion

MEMORANDUM **

Mateo Austreberto Salazar-Fuentes, a native and citizen of Mexico, petitions for review of the Board of Immigration Ap peals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand for further proceedings.

In concluding that Salazar-Fuentes’s conviction under California Vehicle Code § 10851(a) was an aggravated felony theft offense, the BIA did not have the benefit of our decisions in United States v. Vidal, 504 F.3d 1072 (9th Cir.2007) (en banc), and Penuliar v. Mukasey, 528 F.3d 603 (9th Cir.2008). We therefore remand to the BIA to reevaluate Salazar-Fuentes’s re-movability in light of these intervening decisions.

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.