Vergara-Ramirez v. Holder

424 F. App'x 633

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 25, 2011
• Docket: 07-70992
• Status: Unpublished

Opinion

MEMORANDUM **

Emilio Vergara-Ramirez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order and denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252, and we grant the petition for review and remand for further proceedings.

Vergara-Ramirez does not challenge the agency’s determination that he is removable under 8 U.S.C. § 1227(a)(2)(A)(i) and (ii).

The agency determined that VergaraRamirez’s 1993 conviction for violating California Penal Code § 288(c) was an aggravated felony under 8 U.S.C. § 1101(a)(43)(A) that rendered him ineligible for relief under former section 212(c), 8 U.S.C. § 1182(c) (repeal effective April 1, 1997). Subsequent to the agency’s decision in this case, we held in United States v. Castro, 607 F.3d 566, 569-70 (9th Cir. 2010), that a conviction under California Penal Code § 288(c) does not categorically constitute “sexual abuse of a minor.” We therefore grant the petition for review and remand to the agency for reconsideration in light of Castro.

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.