743 Fed.Appx. 818 (9th Cir. 2018), 13-74221, Castillo v. Sessions

Docket Nº:13-74221
Citation:743 Fed.Appx. 818
Party Name:Noel Arcenio Saldana CASTILLO, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.
Attorney:Vicky Dobrin, Esquire, Hilary Han, Attorney, Dobrin & Han, PC, Seattle, WA, for Petitioner Nancy Ellen Friedman, Trial Attorney, DOJ— U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland...
Judge Panel:Before: TASHIMA and NGUYEN, Circuit Judges, and WALTER, District Judge.
Case Date:August 03, 2018
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 818

743 Fed.Appx. 818 (9th Cir. 2018)

Noel Arcenio Saldana CASTILLO, Petitioner,

v.

Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 13-74221

United States Court of Appeals, Ninth Circuit

August 3, 2018

Editorial Note:

Governing the citation to unpublished opinions please refer to federal rules of appellate procedure rule 32.1. See also U.S.Ct. of App. 9th Cir. Rule 36-3.

See Fed. Rule of Appellate Procedure 32.1 generally governing citation of judicial decisions issued on or after Jan. 1, 2007. See also U.S.Ct. of App. 9th Cir. Rule 36-3.

Page 819

On Remand from the United States Supreme Court, Agency No. AXXX-XX5-448

Vicky Dobrin, Esquire, Hilary Han, Attorney, Dobrin & Han, PC, Seattle, WA, for Petitioner

Nancy Ellen Friedman, Trial Attorney, DOJ— U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent

Before: TASHIMA and NGUYEN, Circuit Judges, and WALTER,[*] District Judge.

MEMORANDUM

[**]

Noel Saldana, a native and citizen of Panama, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal and adjustment of status. We have jurisdiction under 8 U.S.C. § 1252. We initially denied the petition, and the Supreme Court vacated our judgment and remanded for reconsideration in light of Pereira v. Sessions, __ U.S. __, 138 S.Ct. 2105, 201 L.Ed.2d 433 (2018). Reviewing legal questions de novo and the agency’s factual findings for substantial evidence, see Blanco v. Mukasey, 518 F.3d 714, 718 (9th Cir. 2008), we now grant the petition in part, deny it in part, and remand to the Board for further proceedings.

1. Saldana contends that he accrued 10 years of continuous physical presence in the United States prior to service of a notice to appear— and thus is eligible for cancellation of removal, see 8 U.S.C. § 1229b(b)(1)(A), (d)(1)— because his notice did not contain the date and time of his hearing and he did not learn this...

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