Covarrubias Teposte v. Holder

ORDER

Petitioner’s Motion to Amend Opinion is GRANTED in part. The opinion filed on October 26, 2010 and published at 623 F.3d 1094 , is amended as follows.

*1051 The opinion concludes with: “We therefore grant the petition for review. PETITION GRANTED.” These two sentences shall be deleted and replaced with the following language:

“We therefore grant the petition for review and vacate the order of removal.

PETITION GRANTED, ORDER VACATED.”

Footnote 2 shall remain unchanged and shall follow the final sentence in the opinion as amended.

Petitioner’s motion for permission to file a supplemental reply to response to motion to amend opinion is denied. No petitions for rehearing or rehearing en banc will be entertained.

IT IS SO ORDERED.

OPINION

Cirilo Aaron Covarrubias Teposte (hereafter “Covarrubias”) petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal of an Immigration Judge’s (“IJ”) order of removal based on a conviction of an aggravated felony. We must decide whether the California offense of shooting at an inhabited dwelling or vehicle is categorically a crime of violence as that term is defined in 18 U.S.C. § 16 (b) and…