Hernandez-Aguilar v. Gonzales

MEMORANDUM **

Juan Rolando Hernandez-Aguilar, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252. Parrilla v. Gonzales, 414 F.3d 1038, 1040 (9th Cir.2005). Reviewing de novo, Altamirano v. Gonzales, 427 F.3d 586, 591 (9th Cir.2005), we grant the petition for review and remand for further proceedings.

The government did not meet its burden of proving that Hernandez-Aguilar is inadmissible under 8, U.S.C. §…