Amando Jurado v. ERIC H. HOLDER, JR., Attorney General

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-2200
AMANDO JURADO,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: June 10, 2010 Decided: June 29, 2010
Before WILKINSON, MOTZ, and DAVIS, Circuit Judges.
Petition for review granted; vacated and remanded by unpublished
per curiam opinion.
Ivan Yacub, YACUB LAW OFFICES, LLC, for Petitioner. Tony West,
Assistant Attorney General, Michelle Gorden Latour, Assistant
Director, Jessica E. Sherman, Office of Immigration Litigation,
UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for
Respondent.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Amando Jurado, a native and citizen of El Salvador,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) dismissing his appeal from the Immigration
Judge’s decision, which found Jurado ineligible for special rule
cancellation of removal under § 203 of the Nicaraguan Adjustment
and Central American Relief Act (“NACARA”),*
Before this court, Jurado contends the Board erred in
concluding that his 1999 conviction under Va. Code Ann. § 18.2-
57.2 (2009), for the assault and battery of a family or
household member, qualified as a “crime of violence.” See 8
U.S.C. § 1101(a)(43)(F) (2006); 18 U.S.C. § 16(a) (2006). In
light of our recent opinion in United States v. White, __ F.3d
__, 2010 WL 2169487 (4th Cir. June 1, 2010), we agree.
because he had been
convicted of a “crime of violence” that qualified as an
aggravated felony, and ordered him removed to El Salvador.
Accordingly, we grant the petition for review, vacate
the Board’s order, and remand this case to the Board for further
consideration in light of White. We dispense with oral argument
because the facts and legal contentions are adequately presented
* Pub. L. No. 105-100, 111 Stat. 2160, 2193-2201 (1997),
amended by Pub. L. No. 105-139, 111 Stat. 2644, 2644-45 (1997)
(codified as amended in scattered sections of 8 U.S.C.).

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in the materials before the court and argument would not aid the
decisional process.
PETITION FOR REVIEW GRANTED;
VACATED AND REMANDED

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