FILED
NOT FOR PUBLICATION APR 27 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FELIPE DE JESUS HERNANDEZ- No. 05-75291
PADILLA,
Agency No. A076-850-597
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER JR., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted November 6, 2009
San Francisco, California
Before: B. FLETCHER, CANBY, and GRABER, Circuit Judges.
Petitioner Felipe de Jesus Hernandez-Padilla petitions for review of the
Board of Immigration Appeals’ denial of cancellation of removal. Because
Petitioner’s case is in all relevant ways identical to the petitioner’s case in Nunez-
Reyes v. Holder, No. 05-75291, slip op. at 6053 (9th Cir. Apr. 23, 2010), and in the
petitioner’s case in Rice v. Holder, 597 F.3d 952 (9th Cir. 2010), we grant the
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
petition for review and remand for further proceedings. As in Nunez-Reyes, we
remand on an open record, and the government is free to raise any arguments not
rejected in that opinion.
Petition GRANTED; case REMANDED.
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