VASQUEZ PEREZ v. BARR (2019)

MEMORANDUM *

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 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, 930 F.3d 1039 (9th Cir. 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 1049 (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.

FOOTNOTES

1.   Because we vacate the order of removal and remand, we need not and do not address the other issues briefed by petitioner.