Leocadia MAGANA-MENDOZA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 366 F. App'x 813

MEMORANDUM Leocadia Magana-Mendoza, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo questions of law. Sandoval-Lua v. Gonzales, 499 F.3d 1121, 1126 (9th Cir.2007). We grant the petition for review and remand.

Magana-Mendoza is not ineligible for cancellation of removal for having been convicted of an aggravated felony because the record of conviction is inconclusive as to the controlled substance involved. See id. at 1130. Because neither the government nor the agency had the benefit of our intervening decision in Sandoval-Lua, we remand to the BIA for further proceedings consistent with that decision. PETITION FOR REVIEW GRANTED; REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.