* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 00-60882 JOSE GUADALUPE ZENDEJAS-GARCIA, Petitioner, versus JOHN ASHCROFT, ATTORNEY GENERAL, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A41-639-694 March 7, 2002 Before REAVLEY, WIENER, and PARKER, Circuit Judges.

PER CURIAM: * Jose Guadalupe Zendejas-Garcia petitions for review of an order of the Board of Immigration Appeals (BIA) holding that Zendejas-Garcia’s state conviction for felony driving while intoxicated was an aggravated felony warranting his removal from this country. The respondent and Zendejas-Garcia have filed a joint motion 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). Both parties also move to withdraw the respondent’s motion to dismiss and to withdraw the petitioner’s “response to ‘respondent’s motion to remand.’” Zendejas-Garcia’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. 00-60882