FILED
NOT FOR PUBLICATION MAY 05 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RENE WILFREDO ALVARADO No. 06-71328
UMANZOR,
Agency No. A090-798-922
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 10, 2011 **
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
Rene Wilfredo Alvarado Umanzor, 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 removal order. We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand
for further proceedings.
Alvarado Umanzor contends that his conviction for sexual abuse in the first
degree in violation of Oregon Revised Statutes § 163.427 does not categorically
constitute sexual abuse of a minor as defined in 8 U.S.C. § 1101(a)(43)(A) and that
he is therefore not removable as an alien convicted of an aggravated felony after
admission under 8 U.S.C. § 1227(a)(2)(A)(iii). We reject the government’s
contention that Alvarado Umanzor failed to exhaust this issue. Kaganovich v.
Gonzales, 470 F.3d 894, 897 (9th Cir. 2006) (“Petitioner’s failure to elaborate on
[an] argument in his brief to the BIA is immaterial to our jurisdiction.”).
Because the BIA did not address whether Alvarado Umanzor’s state
conviction was categorically an aggravated felony, we remand to the BIA to allow
it to address this contention in the first instance. See Fregozo v. Holder, 576 F.3d
1030, 1039 (9th Cir. 2009).
In light of our disposition, we do not address Alvarado Umanzor’s
remaining contentions.
PETITION FOR REVIEW GRANTED; REMANDED.
2 06-71328