Jeronimo Hernandez-Lupercio 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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JERONIMO HERNANDEZ-LUPERCIO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-70185
Agency No. A077-288-819
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.
Jeronimo Hernandez-Lupercio, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for cancellation of removal.
We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law,
FILED
DEC 27 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-70185 2
Castillo-Cruz v. Holder, 581 F.3d 1154, 1158-59 (9th Cir. 2009), and we grant the
petition for review.
Because indecent exposure as defined by Cal. Penal Code § 314(1) is not
categorically a crime involving moral turpitude, Nunez v. Holder, 594 F.3d 1124,
1138 (9th Cir. 2010), the agency erred in determining on the record before it that
Hernandez-Lupercio was statutorily ineligible for cancellation of removal under
8 U.S.C. § 1229b(b)(1)(C). We reject the government’s contention that
Hernandez-Lupercio has waived challenge to this issue. We therefore grant the
petition and remand for further proceedings consistent with this opinion.
In light of our disposition, we need not address Hernandez-Lupercio’s
remaining contentions.
PETITION FOR REVIEW GRANTED; REMANDED.

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