FILED
NOT FOR PUBLICATION FEB 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RICARDO MURRIETA-ESPINO, No. 04-74449
Petitioner, Agency No. A017-182-468
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Ricardo Murrieta-Espino, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order sustaining the government’s
appeal from an immigration judge’s decision. We have jurisdiction under 8 U.S.C.
§ 1252, and we grant the petition for review and remand for further proceedings.
*
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).
The agency determined that Murrieta-Espino was removable under the
aggravated felony ground of deportation, 8 U.S.C. § 1227(a)(2)(A)(iii), based on
his 1986 conviction for violating California Penal Code § 288(a). Subsequent to
the agency’s decision in this case, we held in Ledezma-Galicia v. Holder, Nos. 03-
73648, 04-35048, 2010 WL 5174979 (9th Cir. Dec. 22, 2010), that 8 U.S.C.
§ 1227(a)(2)(A)(iii) does not apply to convictions that occurred prior to November
18, 1988. We therefore grant the petition for review and remand to the agency in
light of Ledezma-Galicia.
In light of our disposition, we do not reach Murrieta-Espino’s remaining
contentions.
PETITION FOR REVIEW GRANTED, REMANDED.
2 04-74449