Manuel Navar-Diaz v. Loretta E. Lynch

FILED NOT FOR PUBLICATION JUN 20 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MANUEL NAVAR-DIAZ, AKA Manuel No. 13-72636 Diaz, AKA Manuel DeJesus Diaz, AKA Manuel Navardiaz, AKA Manuel DeJesus Agency No. A092-837-484 Navardiaz, AKA Manuel Dejesus Vavardiaz, MEMORANDUM* Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 14, 2016** Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges. Manuel Navar-Diaz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an * 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). immigration judge’s (“IJ”) removal order. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand. The agency determined that Navar-Diaz’s theft conviction under California Penal Code § 487(a) was an aggravated felony theft offense under 8 U.S.C. § 1101(a)(43)(G) that rendered him removable. At the time it decided this case, the agency did not have the benefit of this court’s decision in Lopez-Valencia v. Lynch, 798 F.3d 863, 871 (9th Cir. 2015), concluding that “California’s theft statute is both overbroad and indivisible . . . and a conviction under it can never be a ‘theft offense’ as defined in 8 U.S.C. § 1101(a)(43)(G).” Because Navar-Diaz is no longer removable on this ground, we grant the petition for review, and remand. In light of this disposition, we need not reach Navar-Diaz’s remaining contentions regarding due process or his request for a continuance. PETITION FOR REVIEW GRANTED; REMANDED. 2 13-72636