Brenda Zavala-Lugo v. Jefferson Sessions ( 2019 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 8 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BRENDA YANETH ZAVALA-LUGO, No. 16-73815
Petitioner, Agency No. A200-806-579
v.
MEMORANDUM*
MATTHEW G. WHITAKER, Acting
Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 12, 2018**
Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges.
Brenda Yaneth Zavala-Lugo, a native and citizen of Mexico, petitions pro se
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her
appeal from an immigration judge’s decision denying her application for
cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We grant
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
the petition for review.
The BIA did not have the benefit of Pereira v. Sessions, 138 S. Ct. 2105,
201 L. Ed. 2d 433 (2018), which held that a notice to appear that does not specify a
time and date of hearing does not trigger the stop-time rule, when it denied
cancellation of removal for failure to establish ten years of continuous physical
presence. Thus, we remand for the BIA to consider continuous physical presence
in light of Pereira.
PETITION FOR REVIEW GRANTED; REMANDED.
2 16-73815