Rodolfo Bejarano-Urrutia v. Alberto R. Gonzales, Attorney General

Petition granted and remanded by published opinion. Chief Judge WILKINS wrote the majority opinion, in which Judge SHEDD joined. Judge NIEMEYER wrote a dissenting opinion.

WILLIAM W. WILKINS, Chief Judge.

Rodolfo Bejarano-Urrutia (Petitioner) petitions for review of a final order of removal. We grant the petition and remand for further proceedings.

I

Petitioner, a citizen and native of Mexico, legally entered the United States in 1994. After remaining here continuously from that time, in 1998 he .became a lawful permanent resident. In 2001, Petitioner was involved in an automobile accident in…