Martinez-Ramirez v. Ashcroft

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-60044
SERGIO MARTINEZ-RAMIREZ,
Petitioner,
versus
JOHN ASHCROFT,
ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A39-284-594
--------------------
March 7, 2002
Before REAVLEY, WIENER, and PARKER, Circuit Judges.
PER CURIAM:*
Sergio Martinez-Ramirez petitions for review of an order of
the Board of Immigration Appeals (BIA) holding that Martinez-
Ramirez’s state conviction for felony driving while intoxicated
was an aggravated felony warranting his removal from this
country. The respondent has moved to dismiss the petition for
review and to remand the case to the BIA for reconsideration in
light of United States v. Chapa-Garza, 243 F.3d 921, 927 (5th
Cir. 2001). Martinez-Ramirez has replied to the respondent’s

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No. 01-60044
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motion to remand. He does not dispute the respondent’s
contention that this case should be remanded to the BIA, but he
does argue that his petition for review should be granted rather
than dismissed.
Martinez-Ramirez’s petition for review is GRANTED. The
order of the BIA is VACATED, and this case is REMANDED to the BIA
for disposition consistent with Chapa-Garza, 243 F.3d at 927.
All other outstanding motions are DENIED.

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