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Lay-Gonzalez v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 14, 2018
No. 14-70727 (9th Cir. Jun. 14, 2018)

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NOT FOR PUBLICATION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.


Summaries of

Lay-Gonzalez v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 14, 2018
No. 14-70727 (9th Cir. Jun. 14, 2018)
Case details for

Lay-Gonzalez v. Sessions

Case Details

Full title:ORLANDO LAY-GONZALEZ, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jun 14, 2018

Citations

No. 14-70727 (9th Cir. Jun. 14, 2018)