MEMORANDUM
The petitioner was ordered removed under INA § 237(a)(2)(A)(iii) as an aggravated felon. The predicate felony conviction upon which that order relied, however, occurred in 1984, so § 237(a)(2)(A)(iii) does not apply. Ledezma-Galicia v. Holder, — FedAppx. -, -, 2010 WL 5174979, at. *16 (9th Cir.2010). We therefore grant the petition and remand on this basis, and need not reach the question whether the BIA properly applied the modified categorical approach.
Petition GRANTED and REMANDED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.