Abarca-Sosa
Abarca-Sosa v. Mukasey
Lead Opinion
MEMORANDUM **
Jose Abarca-Sosa, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo whether an offense qualifies as an aggravated felony, Ruiz-Morales v. Ashcroft, 361 F.3d 1219, 1221 (9th Cir.2004), and we grant the petition for review.
An intervening change in the law requires us to remand the petition because Abarea-Sosa’s conviction for violating CaLPenal Code § 261.5(c) is not categorically for “sexual abuse of a minor” under 8 U.S.C. § 1101 (a)(43)(A), Estrada-Espinoza v. Mukasey, 546 F.3d 1147, 1159 (9th Cir.2008) (en banc), and the modified categorical approach cannot be used to conform his conviction to the generic offense, id. at 1160 . We therefore remand for the agency to consider Abarea-Sosa’s application for lawful permanent resident cancellation of removal.
PETITION FOR REVIEW GRANTED; REMANDED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.