Gabriela Vasquez-Perez v. William Barr ( 2019 )

FILED
NOT FOR PUBLICATION
AUG 16 2019
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GABRIELA VASQUEZ-PEREZ, AKA No. 16-70758
Gabriela Perez, AKA Gabriela Vasquez,
Agency No. A208-084-056
Petitioner,
v. MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted December 18, 2018
Submission Withdrawn June 7, 2019
Resubmitted August 16, 2019
San Francisco, California
Before: CALLAHAN, N.R. SMITH, and MURGUIA, Circuit Judges.
Gabriela Vasquez-Perez, a native and citizen of Mexico, entered the United
States without admission and was charged with being removable. She appeared
before an Immigration Judge (IJ) along with four other aliens. She stated that she
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
would represent herself. She listened to the IJ’s statements, and admitted that she
had been convicted for “crystal meth.” The IJ found Vasquez-Perez removable,
and on appeal, the Board of Immigration Appeals (BIA) affirmed her removal.
Vasquez-Perez filed a petition for review with the Ninth Circuit, which appointed
pro bono counsel.
Following oral argument, we issued an en banc opinion in Marinelarena v.
Barr, No. 14-72003 (July 18, 2019), in which we held that “whether the record of
conviction necessarily establishes the elements of the disqualifying federal offense
‘is a legal question with a yes or no answer.’” Id. at *8 (internal citation omitted).
Because the IJ and the BIA did not have the benefit of our opinion in
Marinelarena,, we VACATE the order of removal and REMAND to the agency
for further proceedings in light of our opinion in Marinelarena.1
Each party to bear its own costs.
1
Because we vacate the order of removal and remand, we need not and
do not address the other issues briefed by petitioner.
2