FILED
NOT FOR PUBLICATION MAR 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSE MARTIN LIMON-ROBLES, No. 06-71175
Petitioner, Agency No. A035-825-304
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 …
Before: FARRIS, O’SCANNLAIN and BYBEE, Circuit Judges.
Jose Martin Limon-Robles, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s removal order. We have jurisdiction under
,
and we grant the petition for review and remand for further proceedings.
*
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).
The agency determined that Limon-Robles was removable under the
aggravated felony ground of deportation,
(a)(2)(A)(iii), based on
his 1987 conviction for violating Arizona Revised Statutes §§ 13-1405, 1401,
3821, 1001, 604.01, 702, 801 and 812. Subsequent to the agency’s decision in this
case, we held in Ledezma-Galicia v. Holder, Nos. 03-73648, 04-35048,
(a)(2)(A)(iii) does not apply
to convictions that occurred prior to November 18, 1988. We therefore grant the
petition for review and remand to the agency in light of Ledezma-Galicia.
In light of our disposition, we need not address Limon-Robles’ remaining
contentions.
PETITION FOR REVIEW GRANTED; REMANDED.
BYBEE, Circuit Judge, concurring in the judgement:
I reluctantly concur in the judgment. I continue to believe that Ledezma-
Galicia was wrongly decided. See Ledezma-Galicia v. Holder, ____ F.3d ___ (9th
Cir. Dec. 22, 2010) (Bybee, J., dissenting).
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