Cuevas-Diaz

MEMORANDUM ***

Roberto Cuevas-Diaz appeals the district court’s dismissal of his petition for a writ of habeas corpus. He disputes the district court’s finding that his removal to Mexico by the INS rendered his habeas corpus petition moot. He additionally seeks review of the Board of Immigration Appeals’s decision that conviction for violating California Vehicle Code § 23152(a) (driving under the influence) (“DUI”) with priors constitutes an aggravated felony. We find merit in Cuevas-Diaz’s contentions and reverse.

Cuevas-Diaz, a native and citizen of Mexico and a permanent resident alien of the United States, was convicted for violating California Vehicle Code § 23152(a) and (b) on January 23,1996. At the time of his conviction, he had two prior DUI convictions. On July 24, 1998, he was convicted for violating California Penal Code § 12020(a) (possession, manufacture, or sale of a dangerous weapon) and § 12021(a)(1) (felon in possession of a firearm).

As a result of these convictions, the INS commenced removal proceedings against Cuevas-Diaz on March 15,1999. Removability was independently based on 8 U.S.C. § 1227 (a)(2)(A)(iii) (alien convicted of an aggravated felony, i.e.,…