Jaime Ramirez v. Holder

MEMORANDUM

Enrique Jaime Ramirez petitions for review of the Board of Immigration Appeals’ (BIA) denial of his application for cancellation of removal and his motion for remand. He argues that the BIA erred in holding that he was ineligible for cancellation of removal under 8 U.S.C. § 1227 (a)(2)(E) because he “was convicted of a crime of domestic violence (infliction of corporal injury on a spouse).” Because the agency’s reasoning is not clear, we grant the petition, vacate the BIA’s decision and remand. See Garcia Gomez v. Gonzales, 498 F.3d 1050, 1051 (9th Cir.2007) (per curiam).

In its decision, the BIA failed to give a reasoned basis for its determination that Jaime Ramirez’s conviction qualifies as a crime of domestic violence under 8 U.S.C. § 1227 (a)(2)(E). The BIA does not identify the crime of conviction it relied upon, which is problematic because the immigration judge’s decision referenced a 1997 “convict[ion] for a crime of domestic violence in violation of Section 273.5 of the California Penal Code,” but the record reflects that Jaime Ramirez’s only 1997 conviction was under § 273.55, not § 273.5. Further, the BIA does not make clear whether it reached its decision…