Arredondo v. Holder, No. 08-73835 - U.S. Ninth Circuit
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Arredondo v. Holder, No. 08-73835

Grant of Petition for Review of Dismissal of BIA Appeal

In Arredondo v. Holder, No. 08-73835, a petition for review of the Board of Immigration Appeals (BIA) dismissal of petitioner's appeal from an Immigration Judge's (IJ's) decision denying cancellation of removal, the court granted the petition where 1) the BIA did not discuss the problem that petitioner's Idaho conviction was recorded in 1997, more than five years after petitioner entered this country; and 2) the court could not affirm the BIA on a ground upon which it did not rely.

As the court wrote:  "Jose Guadalupe Lozano Arredondo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals (BIA) dismissal of his appeal from an Immigration Judge's (IJ's) decision denying cancellation of removal. Petitioner challenges the BIA's conclusion that he was statutorily ineligible for cancellation of removal because of his 1997 conviction for petty theft under Idaho Code Ann. § 18-2408(3)."

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