Kitagawa v. Holder

Opinion

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT APR 29 2011

MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS

TOMAS VILLATITO KITAGAWA; No. 05-76455 ELENITA GREGORIO KITAGAWA; MARIA KRISTINA KITAGAWA; Agency Nos. A075-306-620 RAYMOND GREGORIO KITAGAWA; A075-306-621 RICHARD GREGORIO KITAGAWA, A075-306-622 A075-306-623 Petitioners, A075-306-624

v. ORDER ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted March 1, 2010 * Submission deferred March 15, 2010 Resubmitted April 29, 2011 San Francisco, California

Before: HUG, REINHARDT, and BYBEE, Circuit Judges.

* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Respondent’s unopposed motion to remand this matter to the Board of

Immigration Appeals is granted.

Based upon the agreement of the parties, and pursuant to Appendix A(52) of

the General Orders, the Court orders that petitioners’ removal is stayed pending a

Board decision in this matter.

As stated in the unopposed motion, the parties shall bear their own fees and

costs.

This order served on the agency shall act as and for the mandate of this

court.

REMANDED.