Luis Coelho v. Eric H. Holder Jr.

428 F. App'x 748

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 22, 2011
• Docket: 08-72115
• Status: Unpublished

Opinion

MEMORANDUM **

Benito Estrada, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order sustaining the government’s appeal from an immigration judge’s (“IJ”) decision. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand.

The BIA concluded that the IJ lacked jurisdiction to reopen proceedings without the benefit of our decision in Reyes-Torres v. Holder, 645 F.3d 1073, 2011 WL 1312570 (9th Cir.2011) (mandate pending), in which we determined that 8 C.F.R. § 1003.2(d) did not apply to preclude a motion to reopen filed after the petitioner had been removed. See Reyes-Torres, 645 F.3d at 1075-78, 2011 WL 1312570, at *2-*3 (citing Coyt v. Holder, 593 F.3d 902 (9th Cir. 2010)); see also Reynoso-Cisneros v. Gonzales, 491 F.3d 1001, 1002 (9th Cir.2007) (per curiam) (treating departure bars to motions under 8 C.F.R. §§ 1003.2(d) and 1003.23(b)(1) as substantively identical). We remand to the BIA in light of this intervening case law.

PETITION FOR REVIEW GRANTED; REMANDED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.