LOPEZ-LOERA v. HOLDER

No. 07-71613.

667 F.3d 1330 (2012)

Joel LOPEZ-LOERA, aka Loera Lopez Joel, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 9, 2012.


Attorney(s) appearing for the Case

Michael J. Proctor , Caldwell Leslie & Proctor, PC, Los Angeles, CA, argued the cause and filed the briefs for the petitioner. With him on the briefs were Andrew Esbenshade , Albert Giang , and Tina Wong , Caldwell, Leslie & Proctor, PC, Los Angeles, CA, as well as Mathew L. Millen , Law Offices of Mathew L. Millen, Los Angeles, CA.

Liza S. Murcia , United States Department of Justice Office of Immigration Litigation, Washington, D.C., argued the cause and filed the brief for the respondent. With her on the brief were Tony West and David V. Bernal , Department of Justice Civil Division, Washington, D.C.

Before: DIARMUID F. O'SCANNLAIN, ROBERT E. COWEN, and MARSHA S. BERZON, Circuit Judges.


ORDER

The government has moved to remand this case in light of the Supreme Court's decision in Judulang v. Holder, ___ U.S. ___, 132 S.Ct. 476, 181 L.Ed.2d 449 (2011). Because the Board of Immigration Appeals' decision rested solely on Matter of Blake, 23 I. & N. Dec. 722 (BIA 2005), we agree with the government that "remand of this case to the Board for further proceedings concerning Lopez-Loera's eligibility...

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