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NOT FOR PUBLICATION FEB 28 2011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
LUIS HERNANDEZ-GARCIA, No. 06-71171
Petitioner, Agency No. A013-588-913
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.
Luis Hernandez-Garcia, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s removal order. 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 petitioner was removable under the aggravated
felony ground of deportation, 8 U.S.C. § 1227(a)(2)(A)(iii), based on his 1987
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.
PETITION FOR REVIEW GRANTED; REMANDED.
2 06-71171