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No. 8670313
United States Court of Appeals for the Ninth Circuit
Lopez-Velasco v. Mukasey
No. 8670313 · Decided May 5, 2008
No. 8670313·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
May 5, 2008
Citation
No. 8670313
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Saul Lopez-Velasco, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s decision denying him cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and grant the petition for review. After the agency’s decisions in this case, the BIA held in Matter of Gonzalez-Silva, 24 I. & N. Dec. 218 (BIA 2007), that “an alien whose conviction precedes the effective date for section 237(a)(2)(E) of the [Immigration and Nationality] Act has not been ‘convicted under’ section 237(a)(2)” for purposes of cancellation of removal. Id. at 220 . As Lopez-Velasco’s conviction for violating Cal.Penal Code § 273.5 occurred in 1994, we grant the petition for review and remand for further proceedings. In light of our disposition, we need not address Lopez-Velasco’s remaining contention. PETITION FOR REVIEW GRANTED; REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Saul Lopez-Velasco, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s decision denying him cancellation of removal.
Key Points
01MEMORANDUM ** Saul Lopez-Velasco, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s decision denying him cancellation of removal.
02After the agency’s decisions in this case, the BIA held in Matter of Gonzalez-Silva, 24 I.
03218 (BIA 2007), that “an alien whose conviction precedes the effective date for section 237(a)(2)(E) of the [Immigration and Nationality] Act has not been ‘convicted under’ section 237(a)(2)” for purposes of cancellation of removal.
04As Lopez-Velasco’s conviction for violating Cal.Penal Code § 273.5 occurred in 1994, we grant the petition for review and remand for further proceedings.
Frequently Asked Questions
MEMORANDUM ** Saul Lopez-Velasco, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s decision denying him cancellation of removal.
FlawCheck shows no negative treatment for Lopez-Velasco v. Mukasey in the current circuit citation data.
This case was decided on May 5, 2008.
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