Opinion
No. 13-72934
03-01-2021
EDUARDO J. ENRIQUEZ, AKA Eduardo Jobanny Enriquez, Petitioner, v. ROBERT M. WILKINSON, Acting Attorney General, Respondent.
COUNSEL Gabriella Navarro-Busch, Ventura, California, for Petitioner. Terri J. Scadron, Assistant Director; Corey L. Farrell, Attorney; Elizabeth K. Fitzgerald-Sambou, Trial Attorney; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.
FOR PUBLICATION
Agency No. A095-465-235 ORDER On Petition for Review of an Order of the Board of Immigration Appeals Submission Deferred April 3, 2020
Submitted August 6, 2020 Pasadena, California Before: Kim McLane Wardlaw, Mary H. Murguia, and Eric D. Miller, Circuit Judges. Order
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 35(a)(2). --------
COUNSEL
Gabriella Navarro-Busch, Ventura, California, for Petitioner. Terri J. Scadron, Assistant Director; Corey L. Farrell, Attorney; Elizabeth K. Fitzgerald-Sambou, Trial Attorney; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.
ORDER
Respondent's unopposed motion to remand (Dkt. No. 74) is GRANTED. We REMAND this case to the Board of Immigration Appeals for reconsideration of whether Petitioner's conviction under Cal. Penal Code § 136.1(a)(2) constitutes a crime of moral turpitude. We WITHDRAW our previously filed opinion in this case, Enriquez v. Barr, 969 F.3d 1057 (9th Cir. 2020), and DENY Petitioner's petition for rehearing en banc (Dkt. No. 64) as moot.
Petitioner's order of removal is STAYED pending a new final decision by the BIA and any decision of this Court on a subsequent petition for review, should one be filed. Each party shall bear its own costs of appeal. This order constitutes the mandate of this court.
IT IS SO ORDERED.