Mateo Austreberto Salazar- Fuentes, a.k.a. Mateo Austreberto Salazar 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NOT FOR PUBLICATION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
MATEO AUSTREBERTO SALAZAR-
FUENTES, a.k.a. Mateo Austreberto
Salazar,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-73010
Agency No. A075-169-404
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 26, 2012**
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Mateo Austreberto Salazar-Fuentes, 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 removal order. We have jurisdiction under
FILED
JUL 05 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-73010 2
8 U.S.C. § 1252. We grant the petition for review and remand for further
proceedings.
In concluding that Salazar-Fuentes’s conviction under California Vehicle
Code § 10851(a) was an aggravated felony theft offense, the BIA did not have the
benefit of our decisions in United States v. Vidal, 504 F.3d 1072 (9th Cir. 2007)
(en banc), and Penuliar v. Mukasey, 528 F.3d 603 (9th Cir. 2008). We therefore
remand to the BIA to reevaluate Salazar-Fuentes’s removability in light of these
intervening decisions.
PETITION FOR REVIEW GRANTED; REMANDED.

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