NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 21 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JORGE LUIS HERNANDEZ-CABELLO, No. 17-70041
Petitioner, Agency No. A206-263-228
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 19, 2019**
Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges.
Jorge Luis Hernandez-Cabello, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying cancellation of removal. We have
jurisdiction under 8 U.S.C. § 1252. We grant the petition for review.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
The agency denied cancellation of removal for failure to demonstrate ten
years of continuous physical presence prior to service of Hernandez-Cabello’s
Notice to Appear (“NTA”). However, the agency did not have the benefit of the
Supreme Court’s decision in Pereira v. Sessions, 138 S. Ct. 2105 (2018), which
held that an NTA that does not specify a place and time for a non-citizen’s first
hearing does not trigger the stop-time rule to calculate continuous physical
presence. As Hernandez-Cabello’s NTA did not specify the date and time of his
hearing, we remand to the BIA to consider his eligibility for cancellation of
removal in light of that decision.
In light of our disposition, we do not reach Hernandez-Cabello’s contentions
regarding the agency’s adverse credibility determination.
PETITION FOR REVIEW GRANTED; REMANDED.
2 17-70041