February 24, 2014
CRISANTO CARINO RAGASA, Petitioner,
ERIC H. HOLDER, Jr., Attorney General, Respondent
Agency No. A037-485-221.
For CRISANTO CARINO RAGASA, Petitioner: Maria Corazon Avinante, Attorney, LAW OFFICE OF M. CORA AVINANTE, Honolulu, HI.
For ERIC H. HOLDER, Jr., Attorney General, Respondent: Theodore William Atkinson, Esquire, Trial Attorney, Suzanne Nardone, OIL, Yanal H. Yousef, 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.
Before: HAWKINS, McKEOWN, and BEA, Circuit Judges.
For the reasons to be set forth in a disposition to follow, we deny petitioner Ragasa's claim for citizenship. However, we grant the petition for review because his Hawai'i state conviction does not constitute a predicate offense for purposes of removability under Section 237(a)(2)(B)(i) of the INA. of the INA. Therefore, we order the United States to release Ragasa from custody forthwith.