Jaimes-Arellano v. Ashcroft ( 2002 )


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  •                 IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 00-60853
    BULMARO JAIMES-ARELLANO,
    Petitioner,
    versus
    JOHN ASHCROFT,
    ATTORNEY GENERAL,
    Respondent.
    --------------------
    Petition for Review of an Order of the
    Board of Immigration Appeals
    BIA No. A91-422-569
    --------------------
    March 7, 2002
    Before REAVLEY, WIENER, and PARKER, Circuit Judges.
    PER CURIAM:*
    Bulmaro Jaimes-Arellano petitions for review of an order of
    the Board of Immigration Appeals (BIA) holding that Jaimes-
    Arellano’s state conviction for felony driving while intoxicated
    was an aggravated felony warranting his removal from this
    country.   The respondent has moved to dismiss the petition for
    review and to remand the case to the BIA for reconsideration in
    light of United States v. Chapa-Garza, 
    243 F.3d 921
    , 927 (5th
    Cir. 2001).    Jaimes-Arellano has not replied to the respondent’s
    motion to remand.
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined
    that this opinion should not be published and is not precedent
    except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
    No. 00-60853
    -2-
    Jaimes-Arellano’s petition for review is GRANTED.   The order
    of the BIA is VACATED, and this case is REMANDED to the BIA for
    disposition consistent with 
    Chapa-Garza, 243 F.3d at 927
    .   All
    other outstanding motions are DENIED.
    

Document Info

Docket Number: 00-60853

Filed Date: 3/8/2002

Precedential Status: Non-Precedential

Modified Date: 12/21/2014