Ruiz-Orozco 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that this opinion should not be published and is not precedent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. 01-60186
JUAN MARTIN RUIZ-OROZCO,
Petitioner,
versus
JOHN ASHCROFT,
U.S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A91-619-860
--------------------
March 7, 2002
Before REAVLEY, WIENER, and PARKER, Circuit Judges.
PER CURIAM:*
Juan Martin Ruiz-Orozco petitions for review of an order of
the Board of Immigration Appeals (BIA) holding that Ruiz-Orozco’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). Ruiz-
Orozco has replied to the respondent’s motion to remand. He

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No. 01-60186
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contends that his petition should be dismissed without prejudice
because it is unclear whether INS v. St. Cyr, 121 S. Ct. 2271
(2001), deprives this court of jurisdiction over the petition.
Ruiz-Orozco does not oppose the respondent’s motion to the extent
that it seeks remand to the BIA. Contrary to Ruiz-Orozco’s
assertion, St. Cyr does not deprive this court of jurisdiction
over his petition for review, as it is materially distinguishable
from the instant case. See 121 S. Ct. at 2275, 2286-87.
Ruiz-Orozco’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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