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ENRIQUEZ v. WILKINSON (2021)

United States Court of Appeals, Ninth Circuit.2021-03-01No. No. 13-72934

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Opinion

ORDER

Respondents unopposed motion to remand (Dkt. No. 74) is GRANTED. We REMAND this case to the Board of Immigration Appeals for reconsideration of whether Petitioners 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 Petitioners petition for rehearing en banc (Dkt. No. 64) as moot.

Petitioners 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.