NELSON JUVINI GARCIA, AKA Nelson Garcia Juvini v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
NELSON JUVINI GARCIA, AKA Nelson
Garcia Juvini,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 15-71132
Agency No. A046-056-905
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 12, 2018**
Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges.
Nelson Juvini Garcia, a native and citizen of Honduras, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C.
* 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
SEP 19 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-71132
§ 1252. We review de novo questions of law. Padilla-Martinez v. Holder, 770 F.3d
825, 830 (9th Cir. 2014). We grant the petition for review.
The agency ordered Garcia removed for having been convicted of an
aggravated felony crime of violence as described in 18 U.S.C. § 16(b). However,
the BIA did not have the benefit of the Supreme Court’s 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 Garcia’s removability in
light of that decision.
Respondent’s motion to take judicial notice (Docket Entry No. 17) is denied
as moot.
PETITION FOR REVIEW GRANTED; REMANDED.

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