Mercado-Torrez v. Holder

MEMORANDUM ^**

Joel Mercado-Torrez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo questions of law, Altamirano v. Gonzales, 427 F.3d 586, 591 (9th Cir.2005), and we grant the petition for review.

Mercado-Torrez’s convictions do not categorically support his removability under 8 U.S.C. § 1227(a)(2)(A)(iii) for sexual abuse of a minor. See Estrada-Espinoza v. Mukasey, 546 F.3d 1147, 1159 (9th Cir.2008) (en banc); United States v. Pallares-Galan, 359 F.3d 1088, 1102-03 (9th Cir.2004). Moreover, the modified categorical approach cannot be used to conform his convictions to the generic definition of “sexual abuse of a minor.” See Estrada-Espinoza, 546 F.3d at 1160.

Respondent’s motion to remand or hold the case in abeyance is denied.

PETITION FOR REVIEW GRANTED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.