NOE PEREZ-HERNANDEZ V. ERIC HOLDER, JR., No. 12-71095 (9th Cir. 2014)

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FILED OCT 23 2014 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT NOE PEREZ-HERNANDEZ, Petitioner, No. 12-71095 Agency No. A089-351-885 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 August 12, 2014 San Francisco, California Before: KOZINSKI, Chief Judge, and SILVERMAN and CLIFTON, Circuit Judges. Noe Perez-Hernandez challenges the Board of Immigration Appeals decision upholding the immigration judge s order finding him removable under section 237(a)(2)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(B)(i), based on his conviction for offering to transport a controlled * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. -2substance under Nevada Revised Statutes § 453.321. We have jurisdiction pursuant to 8 U.S.C. § 1252(a)(2)(D), and we REMAND. Following its decision in this case, the BIA decided In re Davey, 26 I. & N. Dec. 37, 40 (BIA 2012), in which it conclude[d] that for purposes of section 237(a)(2)(B)(i), a crime involves possession of 30 grams or less of marijuana for personal use if the particular acts that led to the alien s conviction were closely related to such conduct. Given that the Fourth Amended Information charged Perez-Hernandez with offering to transport 30 grams or less of marijuana for his own use, we remand for reconsideration in light of In re Davey. PETITION FOR REVIEW GRANTED; REMANDED.

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