PINEDA v. WHITAKER (2018)

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

In Pineda v. Sessions, 709 F. App'x 315 (5th Cir. 2018), our court denied review of the Board of Immigration Appeals’ decision upholding an order for removal. As relevant here, our court held, pursuant to United States v. Gonzalez-Longoria, 831 F.3d 670 (5th Cir. 2016) (en banc), that 18 U.S.C. § 16(b), under which the immigration judge concluded Pineda had been convicted of a “crime of violence”, was not unconstitutionally vague. On 17 April 2018, however, the Supreme Court, in Sessions v. Dimaya, 584 U.S. ––––, 138 S.Ct. 1204, 1216, 200 L.Ed.2d 549 (2018), held § 16(b) is unconstitutionally vague.

As a result, the Court, for the case at hand, granted certiorari, vacated, and remanded to our court “for further consideration in light of Sessions v. Dimaya”, with the judgment’s being entered on 2 November 2018. Pineda v. Sessions, No. 17-8655, ––– U.S. ––––, 139 S.Ct. 70, ––– L.Ed.2d ––––, 2018 WL 1993798 (U.S. 1 October 2018).

Accordingly, this case is REMANDED to the Board of Immigration Appeals for further proceedings consistent with Dimaya.

FOOTNOTES

FOOTNOTE.  

PER CURIAM: ** FN** Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.