PEDRO DELEON GONZALEZ V. MATTHEW WHITAKER, No. 16-73714 (9th Cir. 2019)

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FILED NOT FOR PUBLICATION JAN 17 2019 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT PEDRO DELEON GONZALEZ, Petitioner, No. U.S. COURT OF APPEALS 16-73714 Agency No. A200-711-062 v. MEMORANDUM* MATTHEW G. WHITAKER, Acting Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 15, 2019** Before: TROTT, TALLMAN, and CALLAHAN, Circuit Judges. Pedro DeLeon Gonzalez, 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 (“IJ”) decision denying cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review. * 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). The BIA denied cancellation of removal for failure to demonstrate 10 years continuous physical presence prior to service of DeLeon Gonzalez’s Notice to Appear (“NTA”). However, the BIA did not have the benefit of the Supreme Court’s decision in Pereira v. Sessions, 138 S. Ct. 2105 (2018), which held that an NTA that does not specify a place and time for a non-citizen’s first hearing does not trigger the stop-time rule to calculate continuous physical presence. As DeLeon Gonzalez’s NTA did not specify the date and time of his hearing, we remand to the BIA to consider his eligibility for cancellation of removal in light of that decision. In light of our disposition, we do not reach DeLeon Gonzalez’s contentions regarding credibility or alleged due process violations. PETITION FOR REVIEW GRANTED; REMANDED. 2 16-73714

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