Juan Cortinovis v. Eric Holder, Jr.

Filing

UNPUBLISHED OPINION FILED. [09-60737 Reversed and Remanded.] Judge: CDK , Judge: FPB , Judge: JWE. Mandate pull date is 11/12/2010 [09-60737]

Juan Cortinovis v. Eric Holder, Jr.

Doc. 0

Case: 09-60737

Document: 00511237737

Page: 1

Date Filed: 09/20/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-60737 S u m m a r y Calendar September 20, 2010 Lyle W. Cayce Clerk

J U A N CORTINOVIS, also known as Juan Carlos Cortinovis, also known as Juan Carlos Cortinovia, 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. A014 707 441

B e fo r e KING, BENAVIDES, and ELROD, Circuit Judges. P E R CURIAM:* J u a n Cortinovis has filed in this court a petition for review of an order by t h e Board of Immigration Appeals (BIA) affirming an immigration judge's (IJ) d e n ia l of his application for cancellation of removal. After briefing in this case w a s complete, Cortinovis submitted a letter pursuant to Federal Rule of A p p e lla t e Procedure 28(j) notifying us of the United States Supreme Court's d e c is io n in Carachuri-Rosendo v. Holder, 130 S. Ct. 2577 (2010). Because the

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

*

Dockets.Justia.com

Case: 09-60737

Document: 00511237737 Page: 2 No. 09-60737

Date Filed: 09/20/2010

S u p r e m e Court's holding in Carachuri-Rosendo rejected the same reasoning u s e d by the BIA in Cortinovis's case, Cortinovis argues that the BIA's decision s h o u ld be overturned, and that his case should be remanded to the BIA for r e c o n s id e r a tio n of his application for cancellation of removal. The Respondent c o n c u r s with Cortinovis's request for a remand. Because the legal basis for the B I A 's determination that Cortinovis was ineligible for cancellation of removal w a s invalidated by the Supreme Court in Carachuri-Rosendo, we GRANT his p e t it io n for review and REMAND this case to the BIA for further proceedings to a d ju d ic a t e his application for cancellation of removal. In light of the remand, we d e c lin e to address the remaining issues raised in Cortinovis's initial brief. We a ls o deny Cortinovis's request to issue an order permitting him to reenter the U n ite d States at this time.

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