Agustin Osegura v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
AGUSTIN OSEGURA,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 15-71528
Agency No. A096-047-667
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 12, 2018**
Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges.
Agustin Osegura, a native and citizen of Mexico, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s removal order denying adjustment of status. We have
jurisdiction under 8 U.S.C. §1252. We review de novo questions of law. Padilla-
* 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).
FILED
JUN 15 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-71528
Martinez v. Holder, 770 F.3d 825, 830 (9th Cir. 2014). We grant the petition for
review.
The agency denied Osegura’s application for adjustment of status,
concluding he was ineligible for having committed an aggravated felony crime of
violence as described in 18 U.S.C. § 16(b). However, the BIA did not have the
benefit of our decision in Dimaya v. Lynch, 803 F.3d 1110 (9th Cir. 2015), recently
affirmed by the Supreme Court decision in Sessions v. Dimaya, 138 S. Ct. 1204
(2018), holding that 18 U.S.C. § 16(b) is impermissibly vague. Accordingly, we
remand to the BIA to consider Osegura’s eligibility for relief in light of those
decisions.
PETITION FOR REVIEW GRANTED; REMANDED.

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