Monica Consuelo Constantino Huirache, a.k.a. Consuelo Constantino Huirache 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NOT FOR PUBLICATION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
MONICA CONSUELO CONSTANTINO
HUIRACHE, a.k.a. Consuelo Constantino
Huirache,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-72421
Agency No. A077-305-114
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.
Monica Consuelo Constantino Huirache, a native and citizen of Mexico,
petitions pro se for review of the Board of Immigration Appeals’ order denying her
FILED
JAN 06 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-72421 2
motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252. We grant the
petition for review and remand for further proceedings.
The agency concluded that Constantino Huirache was ineligible for
cancellation of removal because her conviction under Cal. Penal Code § 273a(b)
was categorically a “crime of child abuse” within the meaning of 8 U.S.C.
§ 1227(a)(2)(E)(i). We subsequently held that a conviction under section 273a(b)
is not categorically a crime of child abuse. See Fregozo v. Holder, 576 F.3d 1030,
1034 (9th Cir. 2009). We therefore remand for application of the modified
categorical analysis in light of the definition of “child abuse” set forth in Matter of
Velazquez-Herrera, 24 I. & N. Dec. 503 (BIA 2008). See id. at 1040.
In light of our disposition, we do not reach Constantino Huirache’s
remaining contentions.
PETITION FOR REVIEW GRANTED; REMANDED.

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