Thomas Lennox v. Eric Holder, Jr., No. 09-72578 (9th Cir. 2011)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT JAN 19 2011 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS No. 09-72578 LENNOX THOMAS, Agency No. A014-843-448 Petitioner, v. MEMORANDUM* ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 14, 2011** Seattle, Washington Before: REINHARDT, GRABER, and PAEZ, Circuit Judges. The petitioner was ordered removed under INA § 237(a)(2)(A)(iii) as an aggravated felon. The predicate felony conviction upon which that order relied, however, occurred in 1984, so § 237(a)(2)(A)(iii) does not apply. LedezmaGalicia v. Holder, No. 03-73648, 2010 WL 5174979, at *16 (9th Cir. Dec. 22, * 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). 2010). We therefore grant the petition and remand on this basis, and need not reach the question whether the BIA properly applied the modified categorical approach. Petition GRANTED and REMANDED.

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