Opinion
No. 14-70727
06-14-2018
ORLANDO LAY-GONZALEZ, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A037-175-011 MEMORANDUM 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.
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. --------
Petitioner Orlando Lay-Gonzalez petitions for review of a decision of the Board of Immigration Appeals (BIA) determining that Lay-Gonzalez's conviction 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.