¶1Maria Corazon Avinante, Law Office of M. Cora Avinante, Honolulu, HI, for Petitioner.
¶2Theodore William Atkinson, Esquire, Trial, Suzanne Nardone, OIL, Yanal H. Yousef, Trial, DOJ-U.S. Department of Justice, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.
¶3Before: HAWKINS, McKEOWN, and BEA, Circuit Judges.
¶4ORDER
¶5For the reasons to be set forth in a disposition to follow, we deny petitioner Ragasa’s claim for citizenship. However, we grant the petition for review because his Hawaii state conviction does not constitute a predicate offense for purposes of removability under Section 237(a)(2)(B)(i) of the INA. Therefore, we order the United States to release Ragasa from custody forthwith.