Gonzalez Arias v. Holder
Gonzalez Arias v. Holder
Opinion of the Court
MEMORANDUM
Sergio Antonio Gonzalez Arias, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) removal order. We have jurisdiction under 8 U.S.C. § 1252, and we grant the petition for review and remand for further proceedings.
Gonzalez Arias argued before the BIA that the IJ violated due process by denying his application for relief on the ground that he failed to update his fingerprints before his removal hearing. The BIA erred in not addressing Gonzales Arias’ argument. See Montes-Lopez v. Gonzales, 486 F.3d 1163, 1165 (9th Cir. 2007) (“[T]he BIA errs when it fails on appeal to consider and decide claims that the IJ proceedings suffered from procedural irregularity”).
Moreover, the agency did not have the benefit of our intervening decision in Cui
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.