Soto-Armenta
Soto-Armenta v. Gonzales
Opinion
Lead Opinion
ORDER
The disposition filed on June 10, 2005 is withdrawn and replaced by the disposition filed concurrently with this order.
In light of the new disposition of this case, Petitioner’s July 7, 2005 petition for panel rehearing and petition for rehearing en banc is DISMISSED as moot without prejudice to any petitions for rehearing or rehearing en banc from the disposition filed concurrently with this order.
MEMORANDUM **
Gabriel Soto-Armenta seeks review of the decision of the Board of Immigration Appeals (BIA) affirming the Immigration Judge (IJ), who found that petitioner’s California conviction constituted “sexual abuse of a minor”—an aggravated felony for purposes of immigration law—rendering him removable and ineligible for discretionary relief. We grant Soto-Ar-menta’s petition for review because his California conviction is not an aggravated felony.
The court does not have jurisdiction to review “any final order of removal against an alien who is removable by reason of having committed [an aggravated felony,]” 8 U.S.C. § 1252 (a)(2)(C), but we have jurisdiction to determine whether the jurisdictional bar applies in a given case. Murillo-Espinoza v. INS, 261 F.3d 771,…