Arce-Vences v. Mukasey

E. GRADY JOLLY, Circuit Judge:

Hidelberto Arce-Vences petitions for review of an order by the Board of Immigration Appeals (“Board”) affirming the Immigration Judge’s order that Arce be removed from the United States and also for review of the Board’s denial of his motion to reopen. We hold that the conviction that was the basis for Arce’s removal order is not an aggravated felony, and we accordingly GRANT the petition for review, VACATE the removal order, and REMAND to the Board.

I

Arce is a citizen of Mexico who became a lawful permanent resident of the United States in December 1990. He pled…