Rodriguez-Ramirez

Rodriguez-Ramirez v. Holder

Good Law
480 F. App'x 889
United States Court of Appeals for the Ninth CircuitSeptember 17, 201207-74504, 08-73093California255 words

Opinion

Opinion

MEMORANDUM

In these consolidated petitions for review, Rosa Rodriguez-Ramirez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing her appeal from an immigration judge’s removal order, and denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, and review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). In No. 07-74504, we grant the petition for review and remand. In No. 08-73093, we deny the petition for review.

The agency did not have the benefit of our decision in Robles-Urrea v. Holder, 678 F.3d 702, 711 (9th Cir.2012), when it determined that Rodriguez-Ramirez’s conviction for misprision of a felony was categorically a crime involving moral turpitude. We therefore remand to allow the agency to conduct a modified categorical analysis of Rodriguez-Ramirez’s conviction and, if appropriate, consider her applications for relief.

In light of our disposition, we need not reach Rodriguez-Ramirez’s remaining contentions in No. 07-74504.

The BIA did not abuse its discretion in denying…

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