Opinion
No. 12-71967
05-06-2016
JOSE JORDAN MACIAS-LARIOS, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A095-774-295 ORDER On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 4, 2016 Seattle, Washington Before: GRABER and MURGUIA, Circuit Judges, and BURY, Senior District Judge.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision without oral argument. Fed. R. App. P. 34(a)(2).
The Honorable David C. Bury, Senior United States District Judge for the District of Arizona, sitting by designation. --------
This case is REMANDED for the Board of Immigration Appeals ("BIA") to "consider, in the first instance, the potential application of the modified categorical approach, as well as the merits of Petitioner's request for cancellation" of removal. Madrigal-Barcenas v. Lynch, 797 F.3d 643, 645 (9th Cir. 2015). Petitioner's removal is stayed pending a decision in this matter by the BIA.
The parties shall bear their own attorney fees, costs, and expenses on appeal. This order shall serve as the mandate of this court.