Luis Rosas-Castaneda v. Eric Holder, Jr.


FILED OPINION (ROBERT E. COWEN, A. WALLACE TASHIMA and BARRY G. SILVERMAN) If judicially noticeable facts would allow the defendant to be convicted of an offense other than that defined as a qualifying offense, then those facts do not satisfy the modified categorical approach, which requires that a court determine if the record unequivocally establishes that the defendant was convicted of the generically defined crime. United States v. Navidad-Marcos, 367 F.3d 903, 909 (9th Cir. 2004) (quotation marks and internal citation omitted). Neither document in the record of conviction produces any specific information that definitively rules out the possibility that Rosas was convicted of a solicitation offense under Ariz. Rev. Stat. 13-3405. We therefore hold the record of conviction inconclusive, we grant Rosas-Castaneda s petition for review, vacate the BIA s order denying him cancellation of removal, and we remand to the BIA for proceedings consistent with this opinion. PETITION GRANTED. Judge: REC , Judge: AWT , Judge: BGS Authoring. FILED AND ENTERED JUDGMENT. [7599034]

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