Arturo Landa-Romero v. Eric Holder, Jr.

Ninth Circuit

Arturo Landa-Romero v. Eric Holder, Jr.

429 F. App'x 655

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 27, 2011

Docket09-71884

StatusUnpublished

This text of 429 F. App'x 655 (Arturo Landa-Romero v. Eric Holder, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Arturo Landa-Romero v. Eric Holder, Jr., 429 F. App'x 655 (9th Cir. 2011).

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Opinion

MEMORANDUM **

Arturo Landa-Romero, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reissue its previous decision dismissing his appeal. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Hernandez-Velasquez v. Holder, 611 F.3d 1073, 1077 (9th Cir.2010). We grant the petition for review.

The BIA abused its discretion in denying Landa-Romero’s motion to reissue where it failed to address Landa-Romero’s evidence that he did not receive the BIA’s August 21, 2008, order dismissing his appeal. See id. (BIA must consider the “weight and consequences” of petitioner’s evidence of non-receipt).

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.

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