Sellan-Mazzini

MEMORANDUM ***

Tony Adan Sellan-Mazzini, a native and *492 citizen of Ecuador, timely petitions for review of the Board of Immigration Appeals’s (“BIA”) April 21, 2005 order dismissing his appeal of an Immigration Judge’s (“IJ”) final order of removal. Sellan-Mazzini also petitions for review of the BIA’s November 21, 2005 order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 .

We grant Sellan-Mazzini’s petition for review in No. 05-73033, vacate the BIA’s April 21, 2005 order dismissing his appeal on the merits, and remand to the BIA for reconsideration of its determination that Sellan-Mazzini’s 2001 conviction was for a particularly serious crime. We reject Sellan-Mazzini’s other challenges to the April 21, 2005 order. Finally, we deny SellanMazzini’s petition for review in No. 05-77274, which seeks review of the BIA’s November 21, 2005 order denying his motion to reopen.

We have jurisdiction under 8 U.S.C. § 1252 (a)(2)(D) to consider Sellan-Mazzini’s argument that the IJ applied the wrong legal standard when concluding that Sellan-Mazzini’s 2001 California conviction for second-degree robbery with a deadly or dangerous weapon was for a particularly…