Fernandez-Ruiz v. Gonzales, ___ F.3d ___, 2006 WL 3302660 (9th Cir. Nov. 15, 2006) (Arizona court order issued in 2004, acknowledging that 1994 order imposing a twelve-month sentence, for Arizona misdemeanor conviction was illegal since the state at the time of sentence designated the conviction a misdemeanor, and under Arizona law the maximum term of imprisonment for a misdemeanor was then six months, see A.R.S. 13-707, rendering the twelve-month sentence illegal on its face, required remand to the BIA to consider the issue in the first instance; issue could not have been considered earlier, since Arizona court entered 2004 minute entry over six months after initial BIA decision in this case), citing Velezmoro v. Ashcroft, 362 F.3d 1231, 1233-1234 (9th Cir; 2004) (remanding to BIA to consider in first instance whether petition continues to be barred from adjustment of status); INS v. Ventura, 537 U.S. 12, 17 (2002)(per curiam) (remanding "changed circumstances" issue to BIA for "opportunity to address the matter in the first instance).