Mehran Saidi v. Eric H. Holder Jr., No. 08-71706 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 25 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MEHRAN SAIDI, No. 08-71706 Petitioner, Agency No. A044-158-554 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 19, 2010 ** Before: O SCANNLAIN, TALLMAN, and BEA, Circuit Judges. Mehran Saidi, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals order dismissing his appeal from an immigration judge s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo * 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). questions of law. Castillo-Cruz v. Holder, 581 F.3d 1154, 1158-59 (9th Cir. 2009). We grant the petition for review and remand. The agency concluded that Saidi s conviction for violating Cal. Penal Code § 273.5(a) was for an offense referred to in 8 U.S.C. § 1182(a)(2) which stopped his accrual of the seven years of continuous residence needed to be eligible for cancellation of removal relief under 8 U.S.C. § 1229b(a). See 8 U.S.C. § 1229b(d)(1)(B). However, the agency erred in concluding that Saidi s misdemeanor conviction did not qualify for the petty offense exception under 8 U.S.C. § 1182(a)(2)(A)(ii)(II). See Cal. Penal Code § 17(b)(4); Garcia-Lopez v. Ashcroft, 334 F.3d 840, 844-46 (9th Cir. 2003). We therefore remand for the agency to reconsider Saidi s eligibility for cancellation of removal. In light of our disposition, we do not reach Saidi s remaining contentions. PETITION FOR REVIEW GRANTED; REMANDED. 2 08-71706

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