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Rodriguez v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Nov 20, 2017
No. 10-73234 (9th Cir. Nov. 20, 2017)

Opinion

No. 10-73234

11-20-2017

RAFAEL ANTONIO RODRIGUEZ, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A073-962-583 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: CANBY, TROTT, and GRABER, Circuit Judges.

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

Rafael Antonio Rodriguez, a native and citizen of El Salvador, petitions 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 and remand.

The BIA did not have the benefit of Lozano-Arredondo v. Sessions, 866 F.3d 1082 (9th Cir. 2017), which set aside the BIA's interpretation of 8 U.S.C. § 1229b(b)(1)(C) in Matter of Cortez Canales, 25 I. & N. Dec. 301 (BIA 2010) ("within five years of admission" requirement for deportability on the basis of a crime involving moral turpitude conviction did not apply to cancellation of removal for non-permanent residents), when it denied cancellation of removal. Thus, we remand for further proceedings consistent with that disposition.

We do not reach the government's contentions regarding Rodriguez's alleged ineligibility for cancellation of removal under Mancilla-Delafuente v. Lynch, 804 F.3d 1262 (9th Cir. 2015). See Navas v. INS, 217 F.3d 646, 658 n.16 (9th Cir. 2000).

PETITION FOR REVIEW GRANTED; REMANDED.


Summaries of

Rodriguez v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Nov 20, 2017
No. 10-73234 (9th Cir. Nov. 20, 2017)
Case details for

Rodriguez v. Sessions

Case Details

Full title:RAFAEL ANTONIO RODRIGUEZ, Petitioner, v. JEFFERSON B. SESSIONS III…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Nov 20, 2017

Citations

No. 10-73234 (9th Cir. Nov. 20, 2017)