David Chavez v. Loretta E. Lynch

ORDER

We amend the memorandum disposition filed on August 6, 2015. We file an amended memorandum disposition in light of the en banc decision in Almanza-Arenas v. Lynch, No. 09-71415. The mandate shall issue in the ordinary course.

IT IS SO ORDERED.

AMENDED MEMORANDUM **

David Chavez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’s (BIA) decision dismissing his appeal from an Immigration Judge’s (IJ) order of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252(a)(2)(D), and we grant the petition.

The BIA erred as a matter of law when it applied the…