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Manuel Waldo Gonzalez-Leyton, A073 809 412 (BIA Aug. 21, 2013)

Manuel Waldo Gonzalez-Leyton, A073 809 412 (BIA Aug. 21, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA), following a remand from the Ninth Circuit to apply United States v. Aguila-Montes de Oca, 655 F.3d 915 (9th Cir. 2011) (en banc), in determining whether the respondent was convicted of a crime of violence under 18 U.S.C. 16(b), remanded for consideration of the Supreme Court’s intervening decision in Descamps v. United States, 133 S.Ct. 2276 (2013), which found Aguila-Montes de Oca was wrongly decided. The decision was written by Member Ellen Liebowitz.
In this unpublished decision, the Board of Immigration Appeals (BIA), following a remand from the Ninth Circuit to apply United States v. Aguila-Montes de Oca, 655 F.3d 915 (9th Cir. 2011) (en banc), in determining whether the respondent was convicted of a crime of violence under 18 U.S.C. 16(b), remanded for consideration of the Supreme Court’s intervening decision in Descamps v. United States, 133 S.Ct. 2276 (2013), which found Aguila-Montes de Oca was wrongly decided. The decision was written by Member Ellen Liebowitz.

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Published by: Immigrant & Refugee Appellate Center, LLC on Aug 28, 2013
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U�S.

Department of Justice
,

Executive Office for Immigration Review

Board ofImmigration Appeals Office ofthe Clerk
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DHS/CIS - San Diego, CA 880 Front St., Ste. 4251 San Diego, CA 92101

Immigrant & Refugee Appellate Center | www.irac.net

Name: GONZALEZ-LEYTON, MANUEL ...

A 073-809-412

Date of this notice: 8/21/2013

Enclosed is a copy of the Board's decision and order in the above-referenced case. Sincerely,

DorutL CtVvV
Donna Carr Chief Clerk

Enclosure

Panel Members: Liebowitz, Ellen C

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Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Manuel Waldo Gonzalez-Leyton, A073 809 412 (BIA Aug. 21, 2013)

>
. .

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U.S. Department of Justice
Executive Office for Immigration Review Falls Church, Virginia 22041

Decision of the Board of Immigration Appeals

File:
In re:

A073 809 412 - San Diego, CA

Date:

AUG 2 ! 2013

MANUEL WALDO GONZALEZ-LEYTON a.k.a. Manuel Waldo Gonzalez

IN REMOVAL PROCEEDINGS

Immigrant & Refugee Appellate Center | www.irac.net

APPEAL ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Pro se

Kathryn E. Stuever Senior Attorney

CHARGE: Notice: Sec. 237(a)(2)(A)(iii), I&N Act [8 U.S.C. Convicted of aggravated felony

§

1227(a)(2)(A)(iii)] -

Sec.

237(a)(2)(C), I&N Act [8 U.S.C. § 1227(a)(2)(C )] Convicted of firearms or destructive device violation 237(a)(2)(A)(i), I&N Act [8 U.S.C. § 1227( a)(2)(A)(i)] Convicted of crime involving moral turpitude

Lodged Sec.

APPLICATION: Termination

This matter was last before us on November 27, 2007, when we affirmed without opinion the Immigration Judge's July 27, 2007, decision finding the respondent removable under section 237(a)(2)(A)(iii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(iii), and ordering him removed (BIA at 1 ). This case is presently before us pursuant to an order of the United States Court of Appeals for the Ninth Circuit, which granted the respondent's petition for review and remanded to the Board for further proceedings. The record will be remanded to the Immigration Judge for further proceedings and the entry of a new decision. On October 26, 2012, the Ninth Circuit granted the respondent's petition for review, and remanded proceedings to the Board, instructing the Board to determine, in the first instance, whether the respondent's offense qualifies as an aggravated felony crime of violence under 18 U.S.C. § 16(b). The order further instructed that we apply the Ninth Circuit's decisions in United States v. Aguila-Montes de Oca, 655 F.3d 915 (9th Cir. 2011) (en bane) (per curiam) and Young v. Holder, 691 F.3d 976 (9th Cir. 2012). Since the court's order, the United States Supreme Court has issued Descamps v. United States, --- U.S.---, 133 S.Ct. 2276 (2013), which abrogated United States
v.

Aguila-Montes de Oca, supra.

Due to the evolving legal standards,

and as final resolution of these issues may require fact-finding and the consideration of additional evidence, we will remand the record to the Immigration Judge to further address whether the respondent's conviction constitutes an aggravated felony under 18 U.S.C. 16(b) . In addition, on remand, the Immigration Judge may determine, in the first instance, whether the

§

Cite as: Manuel Waldo Gonzalez-Leyton, A073 809 412 (BIA Aug. 21, 2013)

•.

A073 809 412

respondenfs conviction renders him removable under the remaining charges in the Notice to Appear. Furthennore, both parties should be afforded the opportunity on remand to update the record if appropriate. Accordingly, the following order will be entered. ORDER: The record is remanded to the Immigration Court for further proceedings and for the entry of a new decision.

Immigrant & Refugee Appellate Center | www.irac.net

Cite as: Manuel Waldo Gonzalez-Leyton, A073 809 412 (BIA Aug. 21, 2013)

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