
    Jesus Manuel PEREZ-LIZARRAGA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 05-71174.
    United States Court of Appeals, Ninth Circuit.
    Submitted Feb. 15, 2011.
    
    Filed March 7, 2011.
    J. Manuel Sanchez, Esquire, J. Manuel Sanchez & Associates, San Ysidro, CA, for Petitioner.
    District Director, Esquire, Office of the District Counsel, Department of Homeland Security, San Diego, CA, John Hogan, Senior Litigation Counsel, Oh, DOJ-U.S. Department of Justice, Washington, DC, Ronald E. LeFevre, Office Of The District Counsel, Department Of Homeland Security, San Francisco, CA, for Respondent.
    Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Jesus Manuel Perez-Lizarraga, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252, and we grant the petition for review and remand for further proceedings.

The agency determined that petitioner was removable under the aggravated felony ground of deportation, 8 U.S.C. § 1227(a)(2)(A)(iii), based on his 1970 conviction for violating California Penal Code § 220. Subsequent to the agency’s decision in this case, we held in Ledezma-Galicia v. Holder, 686 F.3d 1059 (9th Cir.2010), that 8 U.S.C. § 1227(a)(2)(A)(iii) does not apply to convictions that occurred prior to November 18, 1988. We therefore grant the petition for review and remand to the agency in light of Ledezmar-Galicia.

PETITION FOR REVIEW GRANTED; REMANDED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
     