Constantino Huirache, et al v. Mukasey, No. 07-72421 (9th Cir. 2011)

Annotate this Case

Download PDF

FILED JAN 06 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MONICA CONSUELO CONSTANTINO HUIRACHE, a.k.a. Consuelo Constantino Huirache, No. 07-72421 Agency No. A077-305-114 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 14, 2010 ** Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges. Monica Consuelo Constantino Huirache, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals order denying her * 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). motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand for further proceedings. The agency concluded that Constantino Huirache was ineligible for cancellation of removal because her conviction under Cal. Penal Code § 273a(b) was categorically a crime of child abuse within the meaning of 8 U.S.C. § 1227(a)(2)(E)(i). We subsequently held that a conviction under section 273a(b) is not categorically a crime of child abuse. See Fregozo v. Holder, 576 F.3d 1030, 1034 (9th Cir. 2009). We therefore remand for application of the modified categorical analysis in light of the definition of child abuse set forth in Matter of Velazquez-Herrera, 24 I. & N. Dec. 503 (BIA 2008). See id. at 1040. In light of our disposition, we do not reach Constantino Huirache s remaining contentions. PETITION FOR REVIEW GRANTED; REMANDED. 2 07-72421

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.