Orlando Lay-Gonzalez v. Jefferson Sessions

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 14 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ORLANDO LAY-GONZALEZ, No. 14-70727
Petitioner, Agency No. A037-175-011
v.
JEFFERSON B. SESSIONS III, Attorney MEMORANDUM*
General,
Respondent.
Appeal from the Board of Immigration Appeals
Submitted June 12, 2018**
San Francisco, California
Before: TASHIMA and M. SMITH, Circuit Judges, and KORMAN,*** District
Judge.
Petitioner Orlando Lay-Gonzalez petitions for review of a decision of the
Board of Immigration Appeals (BIA) determining that Lay-Gonzalez’s conviction
*
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 Honorable Edward R. Korman, United States District Judge for the
Eastern District of New York, sitting by designation.
for coercion under Nevada Revised Statute § 207.190(2)(a) was categorically a
crime of violence under 18 U.S.C. § 16(b).
The Supreme Court, however, has recently held that § 16(b) is
unconstitutionally vague. See Sessions v. Dimaya, 138 S. Ct. 1204, 1223 (2018). In
addition, we recently held that coercion under Nevada Revised Statute § 207.190 is
not a crime of violence under the Sentencing Guidelines. United States v. Edling,
No. 16-10457, slip op. at 11 (9th Cir. Jun. 8, 2018). In light of Dimaya and the
BIA’s reliance on § 16(b), and Edling, Lay-Gonzalez’s petition is GRANTED and
we REMAND to the BIA for further proceedings.
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