Castro-Rodriguez v. Holder


UNPUBLISHED OPINION FILED. [08-60343 Reversed and Remanded ] Judge: CDK , Judge: FPB , Judge: JWE Mandate pull date is 12/16/2010; granting motion to remand case filed by Respondent Mr. Eric H. Holder, Jr., U. S. Attorney General [6574261-2] [08-60343]

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Castro-Rodriguez v. Case: 08-60343 Holder Document: 00511273743 Page: 1 Date Filed: 10/25/2010 Doc. 0 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED N o . 08-60343 S u m m a r y Calendar October 25, 2010 Lyle W. Cayce Clerk P R A X E D I S CASTRO-RODRIGUEZ, P e titio n e r v. E R I C H. HOLDER, JR., U. S. ATTORNEY GENERAL, R espon dent P e tit io n for Review of an Order of the B o a r d of Immigration Appeals B I A No. A10 819 838 B e fo r e KING, BENAVIDES, and ELROD, Circuit Judges. P E R CURIAM:* P r a x e d is Castro-Rodriguez has filed in this court a petition for review of a n order by the Board of Immigration Appeals (BIA) affirming an immigration ju d g e 's (IJ) decision finding him removable from the United States and denying h is application for cancellation of removal. After briefing in this case was c o m p le t e , the Respondent filed an unopposed motion requesting remand of this c a s e in light of the United States Supreme Court's decision in CarachuriR o s e n d o v. Holder, 130 S. Ct. 2577 (2010). Because the legal basis for the BIA's Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 08-60343 Document: 00511273743 Page: 2 Date Filed: 10/25/2010 No. 08-60343 d e t e r m in a t io n that Castro-Rodriguez was removable and ineligible for c a n c e lla t io n of removal was invalidated by the Supreme Court in CarachuriR o s e n d o , we GRANT his petition for review and REMAND this case to the BIA fo r further proceedings. 2

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