Case: 17-60496 Document: 00514641933 Page: 1 Date Filed: 09/14/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-60496
FILED
September 14, 2018
Summary Calendar
Lyle W. Cayce
Clerk
HITENDRAKUMAR CHANDHU BHAL PATEL, also known as
Hitendrafumar Patel,
Petitioner - Appellant
v.
JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL,
Respondent - Appellee
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A099 227 161
Before BARKSDALE, ELROD, and HO, Circuit Judges.
PER CURIAM: *
Hitendrakumar Chandhu Bhal Patel, a native and citizen of India, was
lawfully admitted to the United States and became a lawful permanent
resident in 2006. He petitions for review of the Board of Immigration Appeals’
(BIA) order that determined he was removable under 8 U.S.C.
§ 1227(a)(2)(A)(iii) because of an “aggravated felony” conviction as defined by
*Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5th Cir.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: 17-60496 Document: 00514641933 Page: 2 Date Filed: 09/14/2018
No. 17-60496
8 U.S.C. § 1101(a)(43)(F) and 18 U.S.C. § 16(b). The BIA also rejected Patel’s
request for relief from removal.
In the light of our then-binding holding in United States v. Gonzalez-
Longoria, 831 F.3d 670, 672 (5th Cir. 2016) (en banc), abrogated by Sessions v.
Dimaya, 138 S. Ct. 1204, 1212 n.2, 1223 (2018), the BIA’s removability ruling
rested exclusively on the conclusion that Patel’s conviction qualified as a crime
of violence under § 16(b)’s residual clause. Given the Supreme Court’s
invalidation of § 16(b) in Dimaya, the BIA erred in concluding Patel was
removable under that provision. Dimaya, 138 S. Ct. at 1223; see also United
States v. Godoy, 890 F.3d 531, 537 (5th Cir. 2018) (noting “Dimaya’s
invalidation of § 16(b) in” the Immigration & Nationality Act).
We GRANT the petition for review, VACATE the order of the BIA, and
REMAND.
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