Eliseo Cruz Cruz v. WILLIAM P. BARR, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ELISEO CRUZ CRUZ,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 13-72425
Agency No. A092-727-799
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 19, 2019**
Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges.
Eliseo Cruz Cruz, a native and citizen of Mexico, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s removal order. We have jurisdiction under 8 U.S.C. §1252.
We review de novo questions of law. Padilla-Martinez v. Holder, 770 F.3d 825,
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
FEB 21 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 13-72425
830 (9th Cir. 2014). We lift the abeyance set by the August 17, 2018, order
(Docket Entry No. 30). We grant the petition for review.
The agency ordered Cruz Cruz removed for having committed an aggravated
felony crime of violence as described in 18 U.S.C. § 16. However, the BIA did not
specify whether it made its determination under 18 U.S.C. § 16(a) or § 16(b), nor
did it have the benefit of the Supreme Court’s decision in Sessions v. Dimaya, 138
S. Ct. 1204 (2018), holding that the definition of “crime of violence” at 18 U.S.C.
§ 16(b) is impermissibly vague. Accordingly, we remand to the BIA to consider
Cruz Cruz’s removability in light of Dimaya.
On August 17, 2018, the court removed Cruz Cruz’s counsel, Grace White,
Esq., as counsel of record because she was not admitted to practice in the Ninth
Circuit. White was ordered to provide contact information for the petitioners in her
pending cases. On August 21, 2018, White informed the court that Cruz Cruz had
been removed to Mexico, but she did not provide a forwarding address.
Within 14 days after the date of this order, respondent shall serve this
memorandum on Cruz Cruz at his last known address and file a proof of service
with the court. In serving this memorandum, respondent shall consult with any
other agency that might possess knowledge of Cruz Cruz’s whereabouts.
PETITION FOR REVIEW GRANTED; REMANDED.

-- 2 of 2 --