Uriel Aguirre Guillen v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
URIEL AGUIRRE GUILLEN,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 16-72887
Agency No. A087-307-020
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 10, 2018**
Before: CANBY, W. FLETCHER, and CALLAHAN, Circuit Judges.
Uriel Aguirre Guillen, 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 decision denying his application for cancellation of removal.
We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review, and
* 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
JUL 12 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-72887
remand.
When the BIA determined that Aguirre Guillen had not established the
requisite 10 years of continuous physical presence for cancellation of removal, it
did not have the benefit of the Supreme Court’s decision in Pereira v. Sessions,
138 S. Ct. 2105 (2018), which held that a notice to appear that fails to designate the
specific time or place of an alien’s removal proceedings does not trigger the stop-
time rule ending the alien’s accrual of continuous presence. We thus grant the
petition for review, and remand to the agency for further proceedings consistent
with Pereira.
In light of our disposition, we do not reach Aguirre Guillen’s other
contentions.
PETITION FOR REVIEW GRANTED; REMANDED.

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