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NOT FOR PUBLICATION JUN 20 2016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