NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JAN 19 2011
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
LENNOX THOMAS, No. 09-72578
Petitioner, Agency No. A014-843-448
v.
MEMORANDUM*
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 14, 2011**
Seattle, Washington
Before: REINHARDT, GRABER, and PAEZ, Circuit Judges.
The petitioner was ordered removed under INA § 237(a)(2)(A)(iii) as an
aggravated felon. The predicate felony conviction upon which that order relied,
however, occurred in 1984, so § 237(a)(2)(A)(iii) does not apply. Ledezma-
Galicia v. Holder, No. 03-73648, 2010 WL 5174979, at *16 (9th Cir. Dec. 22,
*
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. See Fed. R. App. P. 34(a)(2).
2010). We therefore grant the petition and remand on this basis, and need not
reach the question whether the BIA properly applied the modified categorical
approach.
Petition GRANTED and REMANDED.