Lennox Thomas 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NOT FOR PUBLICATION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
LENNOX THOMAS,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
No. 09-72578
Agency No. A014-843-448
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 14, 2011 **
Seattle, Washington
Before: REINHARDT, GRABER, and PAEZ, Circuit Judges.
The petitioner was ordered removed under INA § 237(a)(2)(A)(iii) as an
aggravated felon. The predicate felony conviction upon which that order relied,
however, occurred in 1984, so § 237(a)(2)(A)(iii) does not apply. Ledezma-
Galicia v. Holder, No. 03-73648, 2010 WL 5174979, at *16 (9th Cir. Dec. 22,
FILED
JAN 19 2011
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2010). We therefore grant the petition and remand on this basis, and need not
reach the question whether the BIA properly applied the modified categorical
approach.
Petition GRANTED and REMANDED.

-- 2 of 2 --