ENRIQUEZ v. WILKINSON

No. 13-72934.

988 F.3d 1210 (2021)

Eduardo J. ENRIQUEZ, aka Eduardo Jobanny Enriquez, Petitioner, v. Robert M. WILKINSON, Acting Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Submitted August 6, 2020 Pasadena, California.

Filed March 1, 2021.


Attorney(s) appearing for the Case

Gabriella Navarro-Busch , Ventura, California, for Petitioner.

Terri J. Scadron , Assistant Director; Corey L. Farrell , Attorney; Elizabeth K. Fitzgerald-Sambou , Trial Attorney; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Before: Kim McLane Wardlaw, Mary H. Murguia, and Eric D. Miller, Circuit Judges.


ORDER

Respondent's unopposed motion to remand (Dkt. No. 74) is GRANTED. We REMAND this case to the Board of Immigration Appeals for reconsideration of whether Petitioner's conviction under Cal. Penal Code § 136.1(a)(2) constitutes a crime of moral turpitude. We WITHDRAW our previously filed opinion in this case, Enriquez v. Barr, 969 F.3d 1057 (9th Cir. 2020), and DENY Petitioner's petition for rehearing en banc (Dkt. No. 64) as moot.

Petitioner...

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