Zavala-Alvares v. Ashcroft

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-60539
AUSTREBERT ZAVALA-ALVARES,
also known as Austreberto Zavala,
Petitioner,
versus
JOHN ASHCROFT,
ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A91-200-775
--------------------
March 7, 2002
Before REAVLEY, WIENER, and PARKER, Circuit Judges.
PER CURIAM:*
Austrebert Zavala-Alvares petitions for review of an order
of the Board of Immigration Appeals (BIA) holding that Zavala-
Alvares’ state conviction for felony driving while intoxicated
was an aggravated felony warranting his removal from this
country. The respondent and Zavala-Alvares have filed a joint
motion to remand the case to the BIA for reconsideration in light
of United States v. Chapa-Garza, 243 F.3d 921, 927 (5th Cir.

-- 1 of 2 --

No. 00-60539
-2-
2001). Both parties also move to withdraw the respondent’s
motion to dismiss.
Zavala-Alvares’ 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.

-- 2 of 2 --