Pedro Deleon Gonzalez v. MATTHEW G. WHITAKER, Acting Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
PEDRO DELEON GONZALEZ,
Petitioner,
v.
MATTHEW G. WHITAKER, Acting
Attorney General,
Respondent.
No. 16-73714
Agency No. A200-711-062
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 15, 2019**
Before: TROTT, TALLMAN, and CALLAHAN, Circuit Judges.
Pedro DeLeon Gonzalez, 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 (“IJ”) decision denying cancellation of removal. We have
jurisdiction under 8 U.S.C. § 1252. We grant the petition for review.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JAN 17 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 16-73714
The BIA denied cancellation of removal for failure to demonstrate 10 years
continuous physical presence prior to service of DeLeon Gonzalez’s Notice to
Appear (“NTA”). However, the BIA did not have the benefit of the Supreme
Court’s decision in Pereira v. Sessions, 138 S. Ct. 2105 (2018), which held that an
NTA that does not specify a place and time for a non-citizen’s first hearing does
not trigger the stop-time rule to calculate continuous physical presence. As DeLeon
Gonzalez’s NTA did not specify the date and time of his hearing, we remand to the
BIA to consider his eligibility for cancellation of removal in light of that decision.
In light of our disposition, we do not reach DeLeon Gonzalez’s contentions
regarding credibility or alleged due process violations.
PETITION FOR REVIEW GRANTED; REMANDED.

-- 2 of 2 --