NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 19 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT NELSON JUVINI GARCIA, AKA Nelson No. 15-71132 Garcia Juvini, Agency No. A046-056-905 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 12, 2018** Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges. Nelson Juvini Garcia, a native and citizen of Honduras, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. * 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). § 1252. We review de novo questions of law. Padilla-Martinez v. Holder, 770 F.3d 825, 830 (9th Cir. 2014). We grant the petition for review. The agency ordered Garcia removed for having been convicted of an aggravated felony crime of violence as described in 18 U.S.C. § 16(b). However, the BIA did not have the benefit of the Supreme Court’s 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 Garcia’s removability in light of that decision. Respondent’s motion to take judicial notice (Docket Entry No. 17) is denied as moot. PETITION FOR REVIEW GRANTED; REMANDED. 2 15-71132 15-71132 Court of Appeals for the Ninth Circuit ca9 9th Cir. Nelson Garcia v. Jefferson Sessions, III 19 September 2018 Agency Unpublished 8443cb35e40c5cd16320516d25e4bacc571ce348
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