Opinion
No. 16-72544
02-22-2019
IVAN DIAZ-MELLADO, AKA Ivan Diaz, AKA Ivan Mellado, Petitioner, v. WILLIAM P. BARR, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A087-682-672 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Ivan Diaz-Mellado, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review.
The BIA denied cancellation of removal for failure to demonstrate 10 years of continuous physical presence prior to service of Diaz-Mellado's notice to appear ("NTA"). However, the BIA did not have the benefit of the Supreme Court's decision in Pereira v. Sessions, 138 S. Ct. 2105 (2018), which held that an NTA that fails to designate the time and place of an alien's removal proceedings does not trigger the stop-time rule ending the alien's accrual of continuous presence. Diaz-Mellado's NTA did not specify the time and place of his hearing. We thus grant the petition for review, and remand to the agency for further proceedings consistent with Pereira.
In light of our disposition, we do not reach Diaz-Mellado's contentions regarding administrative voluntary departure and equitable estoppel.
PETITION FOR REVIEW GRANTED; REMANDED.