Moeun

MEMORANDUM *

Bav Moeun petitions for review of the decision of the Board of Immigration Appeals (BIA), which affirmed the Immigration Judge’s (IJ) order of removal without opinion. Because we conclude that Moeun’s conviction does not qualify as an aggravated felony, we grant the petition for review and vacate the order of removal.

An alien convicted of an aggravated felony is removable. 8 U.S.C. § 1227 (a)(2)(A)(iii). Although this court lacks jurisdiction to review a final order of removal based upon an aggravated felony conviction, see 8 U.S.C. § 1252 (a)(2)(c), we have jurisdiction to determine whether Moeun’s conviction qualifies as an aggravated felony. Martinez-Perez v. Gonzales, 417 F.3d 1022, 1024-25 (9th Cir.2005). Whether an offense qualifies as an aggravated felony is a legal question we review de novo. Id. at 1025 .

If a state statute is “categorically broader than the generic definition” of the aggravated felony of sexual abuse of a minor, 8 U.S.C. § 1101 (a)(43)(A), we apply the modified categorical approach to determine whether a conviction under that statute qualifies as an aggravated felony conviction. See Navarro-Lopez v. Gonzales, 503 F.3d 1063, 1073 (9th…