Godinez-Mejia v. Holder , 360 F. App'x 957 ( 2010 )

FILED
NOT FOR PUBLICATION JAN 04 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CLAUDIO GODINEZ-MEJIA, a.k.a. Nos. 06-75317,
Claudio Godinez, 07-72579
Petitioner, Agency No. A091-954-348
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petitions for Review of Orders of the
Board of Immigration Appeals
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
In these consolidated petitions for review, Claudio Godinez-Mejia, a native
and citizen of Mexico, petitions for review of the Board of Immigration Appeals’
(“BIA”) order dismissing his appeal from an immigration judge’s decision denying
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
NHY/Research
his application for cancellation of removal, and the BIA’s order denying his motion
to reopen. In light of intervening caselaw, we grant the petition for review in 06-
75317 and remand, and we dismiss the petition for review in 07-72579.
After the BIA issued the orders under review, we held in Nicanor-Romero v.
Mukasey, 523 F.3d 992 (9th Cir. 2008), that California Penal Code § 647.6 is not
categorically a crime involving moral turpitude and that a modified categorical
approach is required. 523 F.3d at 1007-08. We therefore grant the petition for
review in 06-75317 and remand for further proceedings consistent with our
decision in Nicanor-Romero.
In light of our disposition, we do not reach the petition for review in 07-
72579.
IN 06-75317, PETITION FOR REVIEW GRANTED; REMANDED.
IN 07-72579, PETITION FOR REVIEW DISMISSED.
NHY/Research 2 07-72579