Case: 13-60293 Document: 00512877053 Page: 1 Date Filed: 12/19/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-60293
United States Court of Appeals
Fifth Circuit
FILED
CECILIO MENDEZ MENDEZ, December 19, 2014
Lyle W. Cayce
Petitioner Clerk
v.
ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A037-001-280
Before REAVLEY, ELROD, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
The Order of the Board of Immigration Appeals is reviewed and its order
of removal is vacated for the following reason.
The record shows a full concession, by an attorney at the initial hearing,
of all charges for removability made by the government in its Notice to Appear.
However, both the IJ and BIA granted the removal because, by common sense,
they saw the conduct of Mendez to be a crime for which he was convicted. The
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 13-60293 Document: 00512877053 Page: 2 Date Filed: 12/19/2014
No. 13-60293
government does not contend that the initial concession should affect our
decision.
The problem is that the record shows no conviction of an aggravated
felony – or of the sexual abuse of a minor. We may know that the conduct of
Mendez would support a conviction of a crime charged, but none of the statutes
require violence or force or sexual abuse of a minor for conviction. Therefore,
it is not shown that any conviction met the categorical compatibility required
to justify Mendez’s deportation.
Review GRANTED and Order of Removal VACATED.
2