Bautista

MEMORANDUM

Cesar Ramos Bautista, a native and citizen of the Philippines, petitions pro se 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 . We review de novo questions of law, Khan v. Holder, 584 F.3d 773, 776 (9th Cir.2009), and we grant the petition for review.

Bautista’s conviction for commercial burglary in violation of Cal.Penal Code §§ 459 and 460(b) is not categorically an aggravated felony burglary offense under 8 U.S.C. § 1101 (a)(43)(G). See United States v. Aguila-Montes de Oca, 655 F.3d 915, 944 (9th Cir.2011) (en banc) (California burglary is categorically broader than generic burglary because California’s definition of ‘unlawful or unprivileged entry,’ unlike the generic definition, permits a conviction for burglary of a structure open to the public and of a structure that the defendant is licensed or privileged to enter).

The conviction records relating to Bau-tista’s burglary conviction indicate a plea to “willfully and unlawfully entering] a commercial building occupied by Wells Fargo Bank, Daly City, with the intent to commit larceny or any…