FILED
NOT FOR PUBLICATION MAR 08 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
TRUNG KHAC NGUEN, a.k.a. Trung Nos. 08-72108
Khac Nguyen, 09-71545
Petitioner, Agency No. A023-759-846
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petitions for Review of Orders of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
In these consolidated petitions for review, Trung Khac Nguen, a native and
citizen of Vietnam, petitions for review of the Board of Immigration Appeals’
(“BIA”) orders dismissing his appeal from an immigration judge’s removal order
and denying his subsequent motion to reopen. Our jurisdiction is governed by
*
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).
8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to
reopen, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002). In No. 08-72108,
we grant the petition for review and remand. In 09-71545, we dismiss the petition
review.
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 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 in No. 08-72108 and remand
to the agency in light of Ledezma-Galicia.
In light of our remand, we do not reach case No. 09-71545.
In No. 08-72108: PETITION FOR REVIEW GRANTED;
REMANDED.
In No. 09-71545: PETITION FOR REVIEW DISMISSED.
2 08-72108