Eduardo Enriquez v. Robert Wilkinson ( 2021 )

FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 1 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
EDUARDO J. ENRIQUEZ, AKA Eduardo No. 13-72934
Jobanny Enriquez,
Agency No. A095-465-235
Petitioner,
v. ORDER
ROBERT M. WILKINSON, Acting
Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submission Deferred April 3, 2020
Submitted August 6, 2020*
Pasadena, California
Before: Kim McLane Wardlaw, Mary H. Murguia, and Eric D. Miller, Circuit
Judges.
Respondent’s unopposed motion to remand (Dkt. No. 74) is GRANTED.
We REMAND this case to the Board of Immigration Appeals for reconsideration
of whether Petitioner’s conviction under Cal. Penal Code § 136.1(a)(2) constitutes
a crime of moral turpitude. We WITHDRAW our previously filed opinion in this
*
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
case, Enriquez v. Barr, 969 F.3d 1057 (9th Cir. 2020), and DENY Petitioner’s
petition for rehearing en banc (Dkt. No. 64) as moot.
Petitioner’s order of removal is STAYED pending a new final decision by
the BIA and any decision of this Court on a subsequent petition for review, should
one be filed. Each party shall bear its own costs of appeal. This order constitutes
the mandate of this court.
IT IS SO ORDERED.
2