LAY GONZALEZ v. SESSIONS III (2018)

MEMORANDUM ***

Petitioner Orlando Lay-Gonzalez petitions for review of a decision of the Board of Immigration Appeals (BIA) determining that Lay-Gonzalez’s conviction for coercion under Nevada Revised Statute § 207.190(2)(a) was categorically a crime of violence under 18 U.S.C. § 16(b).

The Supreme Court, however, has recently held that § 16(b) is unconstitutionally vague. See Sessions v. Dimaya, ––– U.S. ––––, 138 S.Ct. 1204, 1223, 200 L.Ed.2d 549 (2018). In addition, we recently held that coercion under Nevada Revised Statute § 207.190 is not a crime of violence under the Sentencing Guidelines. United States v. Edling, No. 16-10457, slip op. at 11, 891 F.3d 1190, ––––, 2018 WL 2752208 (9th Cir. Jun. 8, 2018). In light of Dimaya and the BIA’s reliance on § 16(b), and Edling, Lay-Gonzalez’s petition is GRANTED and we REMAND to the BIA for further proceedings.