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No. 8642618
United States Court of Appeals for the Ninth Circuit
Salgado-Chavez v. Gonzales
No. 8642618 · Decided June 6, 2007
No. 8642618·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
June 6, 2007
Citation
No. 8642618
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Juan Carlos Salgado-Chavez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) denial of his application for cancellation of removal. We vacate and remand. The IJ denied Salgado-Chavez relief under 8 U.S.C. § 1182 (c) for failure to prove unrelinquished domicile and in the exercise of discretion. Because the BIA’s “affirmance without opinion endorses only the result of the IJ’s decision and not its reasoning, we do not know whether the BIA’s decision was based on the renewable or unreviewable ground, or both.” Lanza v. Ashcroft, 389 F.3d 917, 927 (9th Cir.2004). Therefore, “intelligent exercise of our appellate jurisdiction” requires that we vacate and remand. Id. at 932 . VACATED AND REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Juan Carlos Salgado-Chavez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) denial of his application for cancellation o
Key Points
01MEMORANDUM ** Juan Carlos Salgado-Chavez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) denial of his application for cancellation o
02§ 1182 (c) for failure to prove unrelinquished domicile and in the exercise of discretion.
03Because the BIA’s “affirmance without opinion endorses only the result of the IJ’s decision and not its reasoning, we do not know whether the BIA’s decision was based on the renewable or unreviewable ground, or both.” Lanza v.
04Therefore, “intelligent exercise of our appellate jurisdiction” requires that we vacate and remand.
Frequently Asked Questions
MEMORANDUM ** Juan Carlos Salgado-Chavez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) denial of his application for cancellation o
FlawCheck shows no negative treatment for Salgado-Chavez v. Gonzales in the current circuit citation data.
This case was decided on June 6, 2007.
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