Juan Gomez-Garcia v. Eric Holder, Jr.

MEMORANDUM **

Juan Gomez-Garcia, 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. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per curiam). We grant in part and deny in part the petition for review and remand.

In concluding that Gomez-Garcia was inadmissible under 8 U.S.C. § 1182(a)(9)(C)(i)(II), the BIA did not have the benefit of Duran Gonzales v. DHS, 712 F.3d 1271 (9th…