Berrun-Plata 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that this opinion should not be published and is not precedent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. 01-60139
BERNARDINO BERRUN-PLATA,
Petitioner,
versus
JOHN ASHCROFT,
ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A37-208-858
--------------------
March 7, 2002
Before REAVLEY, WIENER, and PARKER, Circuit Judges.
PER CURIAM:*
Bernardino Berrun-Plata petitions for review of an order of
the Board of Immigration Appeals (BIA) holding that Berrun-
Plata’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).
Berrun-Plata has not replied to the respondent’s motion to
remand.

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No. 01-60139
-2-
Berrun-Plata’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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