Opinion
No. 08-60343 Summary Calendar.
October 25, 2010.
Elisabeth S. Brodyaga, Refugio Del Rio Grande, San Benito, TX, for Petitioner.
Kiley L. Kane, Esq., Tangerlia Cox, Thomas Ward Hussey, Director, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, E.M. Trominski, District Director, U.S. Immigration and Naturalization Service, Harlingen, TX, for Respondent.
Petition for Review of an Order of the Board of Immigration Appeals, BIA No. A10 819 838.
Before KING, BENAVIDES, and ELROD, Circuit Judges.
Praxedis Castro-Rodriguez has filed in this court a petition for review of an order by the Board of Immigration Appeals (BIA) affirming an immigration judge's (IJ) decision finding him removable from the United States and denying his application for cancellation of removal. After briefing in this case was complete, the Respondent filed an unopposed motion requesting remand of this case in light of the United States Supreme Court's decision in Carachuri-Rosendo v. Holder, ___ U.S. ___, 130 S.Ct. 2577, 177 L.Ed.2d 68 (2010). Because the legal basis for the BIA's determination that Castro-Rodriguez was removable and ineligible for cancellation of removal was invalidated by the Supreme Court in Carachuri-Rosendo, we GRANT his petition for review and REMAND this case to the BIA for further proceedings.