Salazar-Fuentes v. Holder

FILED NOT FOR PUBLICATION JUL 05 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MATEO AUSTREBERTO SALAZAR- No. 07-73010 FUENTES, a.k.a. Mateo Austreberto Salazar, Agency No. A075-169-404 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 26, 2012 ** Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges. Mateo Austreberto Salazar-Fuentes, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under * 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). 8 U.S.C. § 1252. We grant the petition for review and remand for further proceedings. In concluding that Salazar-Fuentes’s conviction under California Vehicle Code § 10851(a) was an aggravated felony theft offense, the BIA did not have the benefit of our decisions in United States v. Vidal, 504 F.3d 1072 (9th Cir. 2007) (en banc), and Penuliar v. Mukasey, 528 F.3d 603 (9th Cir. 2008). We therefore remand to the BIA to reevaluate Salazar-Fuentes’s removability in light of these intervening decisions. PETITION FOR REVIEW GRANTED; REMANDED. 2 07-73010