Lizandro Jose Castresana- Rodriguez 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 finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
IH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LIZANDRO JOSE CASTRESANA-
RODRIGUEZ,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-75033
Agency No. A039-314-641
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Lizandro Jose Castresana-Rodriguez, a native and citizen of Peru, petitions
for review of the Board of Immigration Appeals’ order affirming an immigration
judge’s decision denying his applications for cancellation of removal and relief
FILED
DEC 08 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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IH/Research 06-75033 2
under former § 212(c) of the Immigration and Nationality Act. Our jurisdiction is
governed by 8 U.S.C. § 1252, and we grant the petition for review.
In concluding that Castresana-Rodriguez was statutorily ineligible for
cancellation of removal under 8 U.S.C. § 1229b(a)(2), the agency did not have the
benefit of our decision in Sinotes-Cruz v. Gonzales, 468 F.3d 1190, 1201-03 (9th
Cir. 2006), in which we held that “part B of the stop-time rule of [8 U.S.C.]
§ 1229b(d)(1) does not apply retroactively to the seven-year continuous residence
requirement of § 1229b(a)(2) for an alien who pled guilty before the enactment of
[the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(“IIRIRA”)] and was eligible for discretionary relief at the time IIRIRA became
effective.” Cf. Valencia-Alvarez v. Gonzales, 569 F.3d 1319 (9th Cir. 2006). We
therefore remand for the agency to reconsider Castresana-Rodriguez’s eligibility
for cancellation of removal.
In light of our disposition, we need not address Castresana-Rodriguez’s
remaining contentions.
Each party shall bear its own costs for this petition for review.
PETITION FOR REVIEW GRANTED; REMANDED.

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