AGUSTIN OSEGURA V. JEFFERSON SESSIONS, No. 15-71528 (9th Cir. 2018)
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NOT FOR PUBLICATION FILED JUN 15 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT AGUSTIN OSEGURA, No. Petitioner, U.S. COURT OF APPEALS 15-71528 Agency No. A096-047-667 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 12, 2018** Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges. Agustin Osegura, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order denying adjustment of status. We have jurisdiction under 8 U.S.C. §1252. We review de novo questions of law. Padilla- * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Martinez v. Holder, 770 F.3d 825, 830 (9th Cir. 2014). We grant the petition for review. The agency denied Osegura’s application for adjustment of status, concluding he was ineligible for having committed an aggravated felony crime of violence as described in 18 U.S.C. § 16(b). However, the BIA did not have the benefit of our decision in Dimaya v. Lynch, 803 F.3d 1110 (9th Cir. 2015), recently affirmed by the Supreme Court decision in Sessions v. Dimaya, 138 S. Ct. 1204 (2018), holding that 18 U.S.C. § 16(b) is impermissibly vague. Accordingly, we remand to the BIA to consider Osegura’s eligibility for relief in light of those decisions. PETITION FOR REVIEW GRANTED; REMANDED. 2 15-71528
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