Murrieta-Espino, et al v. Holder, No. 04-74449 (9th Cir. 2011)

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FILED FEB 28 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT RICARDO MURRIETA-ESPINO, Petitioner, No. 04-74449 Agency No. A017-182-468 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. Ricardo Murrieta-Espino, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals order sustaining the government s appeal from an immigration judge s decision. We have jurisdiction under 8 U.S.C. § 1252, and we grant the petition for review and remand for further proceedings. * 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). The agency determined that Murrieta-Espino was removable under the aggravated felony ground of deportation, 8 U.S.C. § 1227(a)(2)(A)(iii), based on his 1986 conviction for violating California Penal Code § 288(a). Subsequent to the agency s decision in this case, we held in Ledezma-Galicia v. Holder, Nos. 0373648, 04-35048, 2010 WL 5174979 (9th Cir. Dec. 22, 2010), that 8 U.S.C. § 1227(a)(2)(A)(iii) does not apply to convictions that occurred prior to November 18, 1988. We therefore grant the petition for review and remand to the agency in light of Ledezma-Galicia. In light of our disposition, we do not reach Murrieta-Espino s remaining contentions. PETITION FOR REVIEW GRANTED, REMANDED. 2 04-74449

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