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NOT FOR PUBLICATION JUL 05 2012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