Vergara-Ramirez v. Holder , 424 F. App'x 633 ( 2011 )

FILED
NOT FOR PUBLICATION MAR 25 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
EMILIO VERGARA-RAMIREZ, No. 07-70992
Petitioner, Agency No. A092-505-537
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
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
*
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).
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 Vergara-Ramirez’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.
2 07-70992