MISAEL VENCES MAYA, AKA Misael Maya, AKA Leonel Morales Carmona, AKA Misael Quintero v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MISAEL VENCES MAYA, AKA Misael
Maya, AKA Leonel Morales Carmona,
AKA Misael Quintero,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-73496
Agency No. A077-287-810
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 14, 2015**
Before: SILVERMAN, BYBEE and WATFORD, Circuit Judges.
Misael Vences Maya, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision finding him removable and denying his
FILED
OCT 22 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. §
1252. We grant the petition for review and remand.
When the BIA concluded that Vences Maya is removable due to a controlled
substance conviction, it did not have the benefit of this court’s opinion in Medina-
Lara v. Holder, 771 F.3d 1106 (9th Cir. 2014) (examining record of conviction).
We remand for the BIA to reconsider Vences Maya’s removability in light of this
intervening opinion.
In light of this disposition, we do not reach Vences Maya’s remaining
contentions.
We do not consider the extra-record materials that Vences Maya submitted
with his briefs. See 8 U.S.C. § 1252(b)(4)(A) (the court’s review is limited to the
administrative record); Fisher v. INS, 79 F.3d 955, 963 (9th Cir. 1996) (en banc)
(new evidence may be added to the record through a motion to reopen with the
agency).
We grant Vences Maya’s motion for leave to file a supplemental brief.
PETITION FOR REVIEW GRANTED; REMANDED.
13-73496 2

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