EDUARDO J. ENRIQUEZ , AKA Eduardo Jobanny Enriquez v. ROBERT M. WILKINSON , Acting Attorney General

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EDUARDO J. ENRIQUEZ , AKA
Eduardo Jobanny Enriquez,
Petitioner,
v.
ROBERT M. W ILKINSON , Acting
Attorney General,
Respondent.
No. 13-72934
Agency No.
A095-465-235
ORDER
On Petition for Review of an Order of the
Board of Immigration Appeals
Submission Deferred April 3, 2020
Submitted August 6, 2020*
Pasadena, California
Filed March 1, 2021
Before: Kim McLane Wardlaw, Mary H. Murguia, and
Eric D. Miller, Circuit Judges.
Order
* The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 35(a)(2).

-- 1 of 2 --

2 ENRIQUEZ V . W ILKINSON
COUNSEL
Gabriella Navarro-Busch, Ventura, California, for
Petitioner.
Terri J. Scadron, Assistant Director; Corey L. Farrell,
Attorney; Elizabeth K. Fitzgerald-Sambou, Trial Attorney;
Office of Immigration Litigation, Civil Division, United
States Department of Justice, Washington, D.C.; for
Respondent.
ORDER
Respondent’s unopposed motion to remand (Dkt.
No. 74) is GRANTED. We REMAND this case to the
Board of Immigration Appeals for reconsideration of
whether Petitioner’s conviction under Cal. Penal Code
§ 136.1(a)(2) constitutes a crime of moral turpitude. We
WITHDRAW our previously filed opinion in this case,
Enriquez v. Barr, 969 F.3d 1057 (9th Cir. 2020), and DENY
Petitioner’s petition for rehearing en banc (Dkt. No. 64) as
moot.
Petitioner’s order of removal is STAYED pending a new
final decision by the BIA and any decision of this Court on
a subsequent petition for review, should one be filed. Each
party shall bear its own costs of appeal. This order
constitutes the mandate of this court.
IT IS SO ORDERED.

-- 2 of 2 --