Orlando Lay-Gonzalez v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ORLANDO LAY-GONZALEZ,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 14-70727
Agency No. A037-175-011
MEMORANDUM*
Appeal from the Board of Immigration Appeals
Submitted June 12, 2018**
San Francisco, California
Before: TASHIMA and M. SMITH, Circuit Judges, and KORMAN,*** District
Judge.
Petitioner Orlando Lay-Gonzalez petitions for review of a decision of the
Board of Immigration Appeals (BIA) determining that Lay-Gonzalez’s conviction
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Edward R. Korman, United States District Judge for the
Eastern District of New York, sitting by designation.
FILED
JUN 14 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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for coercion under Nevada Revised Statute § 207.190(2)(a) was categorically a
crime of violence under 18 U.S.C. § 16(b).
The Supreme Court, however, has recently held that § 16(b) is
unconstitutionally vague. See Sessions v. Dimaya, 138 S. Ct. 1204, 1223 (2018). In
addition, we recently held that coercion under Nevada Revised Statute § 207.190 is
not a crime of violence under the Sentencing Guidelines. United States v. Edling,
No. 16-10457, slip op. at 11 (9th Cir. Jun. 8, 2018). In light of Dimaya and the
BIA’s reliance on § 16(b), and Edling, Lay-Gonzalez’s petition is GRANTED and
we REMAND to the BIA for further proceedings.

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