Leocadia Magana-Mendoza 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).
TL/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LEOCADIA MAGANA-MENDOZA,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-71129
Agency No. A096-342-951
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Leocadia Magana-Mendoza, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal
from an immigration judge’s decision denying her application for cancellation of
FILED
FEB 24 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo
questions of law. Sandoval-Lua v. Gonzales, 499 F.3d 1121, 1126 (9th Cir. 2007).
We grant the petition for review and remand.
Magana-Mendoza is not ineligible for cancellation of removal for having
been convicted of an aggravated felony because the record of conviction is
inconclusive as to the controlled substance involved. See id. at 1130. Because
neither the government nor the agency had the benefit of our intervening decision
in Sandoval-Lua, we remand to the BIA for further proceedings consistent with
that decision.
PETITION FOR REVIEW GRANTED; REMANDED.

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