FILED
NOT FOR PUBLICATION FEB 24 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LEOCADIA MAGANA-MENDOZA, No. 07-71129
Petitioner, Agency No. A096-342-951
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Leocadia Magana-Mendoza, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal
from an immigration judge’s decision denying her application for cancellation of
*
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).
TL/Research
removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo
questions of law. Sandoval-Lua v. Gonzales, 499 F.3d 1121, 1126 (9th Cir. 2007).
We grant the petition for review and remand.
Magana-Mendoza is not ineligible for cancellation of removal for having
been convicted of an aggravated felony because the record of conviction is
inconclusive as to the controlled substance involved. See id. at 1130. Because
neither the government nor the agency had the benefit of our intervening decision
in Sandoval-Lua, we remand to the BIA for further proceedings consistent with
that decision.
PETITION FOR REVIEW GRANTED; REMANDED.
TL/Research 2 07-71129