Cepeda 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that this opinion should not be published and is not precedent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. 00-60713
MANUEL DANIEL CEPEDA,
Petitioner,
versus
JOHN ASHCROFT,
ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A24-385-578
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March 7, 2002
Before REAVLEY, WIENER, and PARKER, Circuit Judges.
PER CURIAM:*
Manuel Daniel Cepeda petitions for review of an order of the
Board of Immigration Appeals (BIA) holding that Cepeda’s state
conviction for felony driving while intoxicated was an aggravated
felony warranting his removal from this country. The respondent
and Cepeda 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. 2001). Both parties also move to
withdraw the respondent’s motion to dismiss.

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No. 00-60713
-2-
Cepeda’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.

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