Limon-Robles

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NOT FOR PUBLICATION MAR 28 2011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 8 U.S.C. § 1252,

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…

MEMORANDUM **

Jose Martin Limon-Robles, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order *690 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 provid *690 ed by 9th Cir. R. 36-3.

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).