Cuauhtemoc Duarte- Rodriguez 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 finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
DL/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CUAUHTEMOC DUARTE-
RODRIGUEZ,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 04-73932
Agency No. A017-318-569
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 14, 2009**
Before: SILVERMAN, RAWLINSON, and CLIFTON, Circuit Judges.
Cuauhtemoc Duarte-Rodriguez, a native and citizen of Mexico, petitions pro
se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s removal order. We have jurisdiction under 8
FILED
NOV 16 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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DL/Research 04-73932 2
U.S.C. § 1252. We review de novo the agency’s determination of questions of
law, except to the extent that deference is owed to its interpretation of the
governing statutes and regulations. See Morales-Garcia v. Holder, 567 F.3d 1058,
1061 (9th Cir. 2009). We grant the petition for review and remand.
The agency concluded that Duarte-Rodriguez was removable pursuant to 8
U.S.C. § 1227(a)(2)(A)(ii) for having been convicted of two crimes involving
moral turpitude not arising out of a single scheme of criminal misconduct, one of
which was receipt or possession of stolen property, in violation of California Penal
Code § 496(a). Subsequent to the BIA’s order, we held that a conviction under
§ 496(a) is not categorically a crime involving moral turpitude. See Castillo-Cruz
v. Holder, 581 F.3d 1154, 1159-61 (9th Cir. 2009).
We therefore grant the petition for review and remand for the agency to
address in the first instance whether Duarte-Rodriguez’s conviction for receipt or
possession of stolen property qualifies as a crime involving moral turpitude under
the modified categorical approach. See Morales-Garcia, 567 F.3d at 1066-67.
Each party shall bear its own costs for this petition for review.
PETITION FOR REVIEW GRANTED; REMANDED.

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