Mehran Saidi 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NOT FOR PUBLICATION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
MEHRAN SAIDI,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-71706
Agency No. A044-158-554
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Mehran Saidi, a native and citizen of Iran, petitions for review of the Board
of Immigration Appeals’ order dismissing his appeal from an immigration judge’s
removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo
FILED
OCT 25 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-71706 2
questions of law. Castillo-Cruz v. Holder, 581 F.3d 1154, 1158-59 (9th Cir. 2009).
We grant the petition for review and remand.
The agency concluded that Saidi’s conviction for violating Cal. Penal Code
§ 273.5(a) was for “an offense referred to in” 8 U.S.C. § 1182(a)(2) which stopped
his accrual of the seven years of continuous residence needed to be eligible for
cancellation of removal relief under 8 U.S.C. § 1229b(a). See 8 U.S.C.
§ 1229b(d)(1)(B). However, the agency erred in concluding that Saidi’s
misdemeanor conviction did not qualify for the “petty offense” exception under
8 U.S.C. § 1182(a)(2)(A)(ii)(II). See Cal. Penal Code § 17(b)(4); Garcia-Lopez v.
Ashcroft, 334 F.3d 840, 844-46 (9th Cir. 2003). We therefore remand for the
agency to reconsider Saidi’s eligibility for cancellation of removal.
In light of our disposition, we do not reach Saidi’s remaining contentions.
PETITION FOR REVIEW GRANTED; REMANDED.

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