Agustin Osegura v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 15 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT AGUSTIN OSEGURA, No. 15-71528 Petitioner, Agency No. A096-047-667 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 12, 2018** Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges. Agustin Osegura, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order denying adjustment of status. We have jurisdiction under 8 U.S.C. §1252. We review de novo questions of law. Padilla- * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Martinez v. Holder, 770 F.3d 825, 830 (9th Cir. 2014). We grant the petition for review. The agency denied Osegura’s application for adjustment of status, concluding he was ineligible for having committed an aggravated felony crime of violence as described in 18 U.S.C. § 16(b). However, the BIA did not have the benefit of our decision in Dimaya v. Lynch, 803 F.3d 1110 (9th Cir. 2015), recently affirmed by the Supreme Court decision in Sessions v. Dimaya, 138 S. Ct. 1204 (2018), holding that 18 U.S.C. § 16(b) is impermissibly vague. Accordingly, we remand to the BIA to consider Osegura’s eligibility for relief in light of those decisions. PETITION FOR REVIEW GRANTED; REMANDED. 2 15-71528 15-71528 Court of Appeals for the Ninth Circuit ca9 9th Cir. Agustin Osegura v. Jefferson Sessions 15 June 2018 Agency Unpublished 83732e3ab4d5d6c786beade74c3519ccf1f7e2ac

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals