Yubin Zhang v. Holder

443 F. App'x 294

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 18, 2011
• Docket: 07-74403
• Status: Unpublished

Opinion

MEMORANDUM ***

Yubin Zhang, a native and citizen of China, petitions for review of the Bureau of Immigration Appeals’ (“BIA”) orders denying his motion to file a late brief and summarily dismissing his appeal. The facts are known to the parties and need not be repeated here except to the extent necessary.

We have jurisdiction to review the BIA’s decision to deny a motion to file an untimely appeal brief. See Zetino v. Holder, 622 F.3d 1007, 1012 & n. 2 (9th Cir.2010). The BIA’s order denying Zhang’s motion states: ‘We find the reason stated by [Zhang] insufficient for us to accept the untimely brief in our exercise of discretion.” The absence of a reasoned explanation for denying the motion prevents us from performing any meaningful appellate review. See Garcia Gomez v. Gonzales, 498 F.3d 1050, 1051 (9th Cir.2007) (per curiam). Therefore, we remand the matter to the BIA for further proceedings consistent with this disposition.

PETITION FOR REVIEW GRANTED; REMANDED.

*** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.