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Jose Martin LIMON-ROBLES, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2011-03-28No. No. 06-71175
424 F. App'x 689

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Opinion

majority opinion

MEMORANDUM

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 8 U.S.C. § 1252, and we grant the petition for review and remand for further proceedings.

The agency determined that Limon-Robles was removable under the aggravated felony ground of deportation, 8 U.S.C. § 1227(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, 636 F.3d 1059 (9th Cir.2010), that 8 U.S.C. § 1227(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.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

concurrence opinion

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, 636 F.3d 1059 (9th Cir.2010) (Bybee, J., dissenting).