Arturo Landa-Romero v. Eric Holder, Jr.

429 F. App'x 655

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.