Brenda Zavala-Lugo v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 8 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT BRENDA YANETH ZAVALA-LUGO, No. 16-73815 Petitioner, Agency No. A200-806-579 v. MEMORANDUM* MATTHEW G. WHITAKER, Acting 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. Brenda Yaneth Zavala-Lugo, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We grant * 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). the petition for review. The BIA did not have the benefit of Pereira v. Sessions, 138 S. Ct. 2105, 201 L. Ed. 2d 433 (2018), which held that a notice to appear that does not specify a time and date of hearing does not trigger the stop-time rule, when it denied cancellation of removal for failure to establish ten years of continuous physical presence. Thus, we remand for the BIA to consider continuous physical presence in light of Pereira. PETITION FOR REVIEW GRANTED; REMANDED. 2 16-73815 16-73815 Court of Appeals for the Ninth Circuit ca9 9th Cir. Brenda Zavala-Lugo v. Jefferson Sessions 8 January 2019 Agency Unpublished 8c9963809971b890744910b66c5794eaa7a9f532

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