NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 22 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
IVAN DIAZ-MELLADO, AKA Ivan Diaz, No. 16-72544
AKA Ivan Mellado,
Agency No. A087-682-672
Petitioner,
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.
Ivan Diaz-Mellado, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his application for cancellation of
removal. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for
*
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).
review.
The BIA denied cancellation of removal for failure to demonstrate 10 years
of continuous physical presence prior to service of Diaz-Mellado’s notice to appear
(“NTA”). However, the BIA 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 fails to designate the time and place of an alien’s removal proceedings does
not trigger the stop-time rule ending the alien’s accrual of continuous presence.
Diaz-Mellado’s NTA did not specify the time and place of his hearing. We thus
grant the petition for review, and remand to the agency for further proceedings
consistent with Pereira.
In light of our disposition, we do not reach Diaz-Mellado’s contentions
regarding administrative voluntary departure and equitable estoppel.
PETITION FOR REVIEW GRANTED; REMANDED.
2 16-72544