United States of America v. Jose Trinidad Contreras-Avina

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE TRINIDAD CONTRERAS-AVINA,
Defendant - Appellant.
No. 13-30276
D.C. No. 2:13 cr-06011 WFN
ORDER*
Appeal from the United States District Court
for the Eastern District of Washington
Wm. Fremming Nielsen, Senior District Judge, Presiding
Argued and Submitted July 11, 2014
Seattle, Washington
Before: ALARCÓN, TASHIMA, and MURGUIA, Circuit Judges
The parties’ revised joint motion to vacate and remand is granted.
Defendant-Appellant Contreras-Avina’s conviction is vacated, the district
court’s order denying the motion to dismiss the indictment is vacated, and the case
FILED
JUL 28 2014
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.

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remanded to the district court to stay further proceedings on the following
conditions:
1. Contreras-Avina shall promptly file a motion to reopen with the Board
of Immigration Appeals (“BIA”) and for such other relief as he deems appropriate.
2. Contreras-Avina shall promptly inform the district court when the
BIA has ruled on his motion(s).
3. This stay shall expire when the BIA has ruled on Contreras-Avina’s
motion(s).
4. Upon the expiration of this stay, the district court shall resume further
proceedings in this case (including whether to issue any further stays), for such
further proceedings as it deems necessary and appropriate.
This panel shall retain jurisdiction over any further appeals in this case.

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