Jose Garcia-Chaidez v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE GARCIA-CHAIDEZ,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 10-71313
Agency No. A020-450-532
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 20, 2014**
Pasadena, California
Before: WARDLAW and PAEZ, Circuit Judges and KENNELLY,*** District
Judge.
FILED
JAN 20 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).
*** The Honorable Matthew F. Kennelly, District Judge for the U.S.
District Court for the Northern District of Illinois, sitting by designation.

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Jose Garcia-Chaidez, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’s (“BIA”) decision that his conviction under
California Penal Code section 273a(a) was a “crime of violence” under 18 U.S.C.
§ 16, and therefore qualified as an aggravated felony. The BIA affirmed the IJ’s
decision pretermitting Garcia-Chaidez’s application for cancellation of removal,
and ordering him removed.
In Ramirez v. Lynch, No. 08-72896, we held that California Penal Code
section 273a(a) is categorically overbroad and indivisible, and therefore is not a
“crime of violence” and cannot constitute an aggravated felony. Because Garcia-
Chaidez appealed to the BIA only the determination that his conviction qualified as
an aggravated felony, we do not reach the IJ’s decision that he was also removable
for having committed a crime of child abuse under 8 U.S.C. § 1227(a)(2)(E).
We therefore grant the petition and remand to the BIA for further
proceedings.
Petition GRANTED and REMANDED.

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