OSEGURA v. SESSIONS III (2018)

MEMORANDUM **

Agustin Osegura, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order denying adjustment of status. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Padilla-Martinez v. Holder, 770 F.3d 825, 830 (9th Cir. 2014). We grant the petition for review.

The agency denied Osegura’s application for adjustment of status, concluding he was ineligible for having committed an aggravated felony crime of violence as described in 18 U.S.C. § 16(b). However, the BIA did not have the benefit of our decision in Dimaya v. Lynch, 803 F.3d 1110 (9th Cir. 2015), recently affirmed by the Supreme Court decision in Sessions v. Dimaya, ––– U.S. ––––, 138 S.Ct. 1204, 200 L.Ed.2d 549 (2018), holding that 18 U.S.C. § 16(b) is impermissibly vague. Accordingly, we remand to the BIA to consider Osegura’s eligibility for relief in light of those decisions.

PETITION FOR REVIEW GRANTED; REMANDED.