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Osegura v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 15, 2018
No. 15-71528 (9th Cir. Jun. 15, 2018)

Opinion

No. 15-71528

06-15-2018

AGUSTIN OSEGURA, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A096-047-667 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Agustin Osegura, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's removal order denying adjustment of status. We have jurisdiction under 8 U.S.C. §1252. We review de novo questions of law. Padilla- Martinez v. Holder, 770 F.3d 825, 830 (9th Cir. 2014). We grant the petition for review.

The agency denied Osegura's application for adjustment of status, concluding he was ineligible for having committed an aggravated felony crime of violence as described in 18 U.S.C. § 16(b). However, the BIA did not have the benefit of our decision in Dimaya v. Lynch, 803 F.3d 1110 (9th Cir. 2015), recently affirmed by the Supreme Court decision in Sessions v. Dimaya, 138 S. Ct. 1204 (2018), holding that 18 U.S.C. § 16(b) is impermissibly vague. Accordingly, we remand to the BIA to consider Osegura's eligibility for relief in light of those decisions.

PETITION FOR REVIEW GRANTED; REMANDED.


Summaries of

Osegura v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 15, 2018
No. 15-71528 (9th Cir. Jun. 15, 2018)
Case details for

Osegura v. Sessions

Case Details

Full title:AGUSTIN OSEGURA, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jun 15, 2018

Citations

No. 15-71528 (9th Cir. Jun. 15, 2018)