Claudio Godinez-Mejia, a.k.a. Claudio Godinez 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).
NHY/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CLAUDIO GODINEZ-MEJIA, a.k.a.
Claudio Godinez,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
Nos. 06-75317,
07-72579
Agency No. A091-954-348
MEMORANDUM *
On Petitions for Review of Orders of the
Board of Immigration Appeals
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
In these consolidated petitions for review, Claudio Godinez-Mejia, a native
and citizen of Mexico, petitions for review of the Board of Immigration Appeals’
(“BIA”) order dismissing his appeal from an immigration judge’s decision denying
FILED
JAN 04 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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NHY/Research 07-72579 2
his application for cancellation of removal, and the BIA’s order denying his motion
to reopen. In light of intervening caselaw, we grant the petition for review in 06-
75317 and remand, and we dismiss the petition for review in 07-72579.
After the BIA issued the orders under review, we held in Nicanor-Romero v.
Mukasey, 523 F.3d 992 (9th Cir. 2008), that California Penal Code § 647.6 is not
categorically a crime involving moral turpitude and that a modified categorical
approach is required. 523 F.3d at 1007-08. We therefore grant the petition for
review in 06-75317 and remand for further proceedings consistent with our
decision in Nicanor-Romero.
In light of our disposition, we do not reach the petition for review in 07-
72579.
IN 06-75317, PETITION FOR REVIEW GRANTED; REMANDED.
IN 07-72579, PETITION FOR REVIEW DISMISSED.

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