Perez-Hernandez v. Holder , 391 F. App'x 591 ( 2010 )

FILED
NOT FOR PUBLICATION AUG 02 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CESAR PEREZ-HERNANDEZ, No. 07-70432
Petitioner, Agency No. A077-323-561
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 19, 2010 **
Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges
Cesar Perez-Hernandez, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for cancellation of removal.
We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law,
*
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).
Avila-Sanchez v. Mukasey, 509 F.3d 1037, 1039-40 (9th Cir. 2007), and we grant
the petition for review and remand for further proceedings.
The agency concluded that Perez-Hernandez was ineligible for cancellation
of removal because his 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. 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.
PETITION FOR REVIEW GRANTED; REMANDED.
2 07-70432