Gabriela Vasquez-Perez v. William Barr

FILED NOT FOR PUBLICATION AUG 16 2019 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GABRIELA VASQUEZ-PEREZ, AKA No. 16-70758 Gabriela Perez, AKA Gabriela Vasquez, Agency No. A208-084-056 Petitioner, v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted December 18, 2018 Submission Withdrawn June 7, 2019 Resubmitted August 16, 2019 San Francisco, California Before: CALLAHAN, N.R. SMITH, and MURGUIA, Circuit Judges. Gabriela Vasquez-Perez, a native and citizen of Mexico, entered the United States without admission and was charged with being removable. She appeared before an Immigration Judge (IJ) along with four other aliens. She stated that she * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. would represent herself. She listened to the IJ’s statements, and admitted that she had been convicted for “crystal meth.” The IJ found Vasquez-Perez removable, and on appeal, the Board of Immigration Appeals (BIA) affirmed her removal. Vasquez-Perez filed a petition for review with the Ninth Circuit, which appointed pro bono counsel. Following oral argument, we issued an en banc opinion in Marinelarena v. Barr, No. 14-72003 (July 18, 2019), in which we held that “whether the record of conviction necessarily establishes the elements of the disqualifying federal offense ‘is a legal question with a yes or no answer.’” Id. at *8 (internal citation omitted). Because the IJ and the BIA did not have the benefit of our opinion in Marinelarena,, we VACATE the order of removal and REMAND to the agency for further proceedings in light of our opinion in Marinelarena.1 Each party to bear its own costs. 1 Because we vacate the order of removal and remand, we need not and do not address the other issues briefed by petitioner. 2 16-70758 Court of Appeals for the Ninth Circuit ca9 9th Cir. Gabriela Vasquez-Perez v. William Barr 16 August 2019 Agency Unpublished 904531a357233ef547f890d3edcd8b06c56d4a06

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