Miranda-Rosales

MEMORANDUM **

Ricardo Miranda-Rosales, a Mexican citizen, petitions for review of the Bureau of Immigration Appeals’ (BIA) order summarily affirming the Immigration Judge’s oral decision ordering Miranda-Rosales removed to Mexico because he was convicted of a “crime of violence.” We grant the petition.

We are not persuaded by the government’s argument that we lack jurisdiction to consider Miranda-Rosales’s petition because it presents new issues not raised before the BIA. Although the failure to raise a non-constitutional issue in an appeal to the BIA “constitutes a failure to exhaust remedies with respect to that question and deprives this court of jurisdiction to hear the matter,” Miranda-Rosales is entitled to present new arguments to support a claim that he properly asserted below. Vargas v. U.S. Dep’t of Immigration & Naturalization, 831 F.2d 906, 907-908 (9th Cir.1987); 8 U.S.C. § 1252 (d)(1); see also Cruz-Navarro v. INS, 232 F.3d 1024 , 1030 n. 8 (9th Cir. 2000) (holding that “the issue in question may have been argued in a slightly different manner in the lower court and still be preserved for appeal.”). Miranda-Rosales raised the same issue before the BIA that he…