Ruiz-Castillo vs. Ashcroft, (5th Cir. 2002)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 00-60847 LEOBERTO RUIZ-CASTILLO, Petitioner, versus JOHN ASHCROFT, ATTORNEY GENERAL, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A90-999-641 March 7, 2002 Before REAVLEY, WIENER, and PARKER, Circuit Judges.
PER CURIAM: * Leoberto Ruiz-Castillo petitions for review of an order of the Board of Immigration Appeals (BIA) holding that RuizCastilloÂ’s state conviction for felony driving while intoxicated was an aggravated felony warranting his removal from this country. The respondent has moved to dismiss the petition for review and to remand the case to the BIA for reconsideration in light of United States v. Chapa-Garza , 243 F.3d 921, 927 (5th Cir. 2001). Ruiz-Castillo has replied to the respondentÂ’s motion to remand. He does not dispute the respondentÂ’s contention that this case should be remanded to the BIA, but he does argue that his petition for review should be granted rather than dismissed.
Ruiz-CastilloÂ’s petition for review is GRANTED. The order of the BIA is VACATED, and this case is REMANDED to the BIA for disposition consistent with Chapa-Garza , 243 F.3d at 927. All other outstanding motions are DENIED.
No. 00-60847
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