Luis Hernandez-Garcia v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LUIS HERNANDEZ-GARCIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 06-71171
Agency No. A013-588-913
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011**
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Luis Hernandez-Garcia, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252,
and we grant the petition for review and remand for further proceedings.
FILED
FEB 28 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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06-71171 2
The agency determined that petitioner was removable under the aggravated
felony ground of deportation, 8 U.S.C. § 1227(a)(2)(A)(iii), based on his 1987
conviction for violating California Penal Code § 288(a). Subsequent to the
agency’s decision in this case, we held in Ledezma-Galicia v. Holder, Nos. 03-
73648, 04-35048, 2010 WL 5174979 (9th Cir. Dec. 22, 2010), that 8 U.S.C.
§ 1227(a)(2)(A)(iii) does not apply to convictions that occurred prior to November
18, 1988. We therefore grant the petition for review and remand to the agency in
light of Ledezma-Galicia.
PETITION FOR REVIEW GRANTED; REMANDED.

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