U.S. Court of Appeals for the Ninth Circuit, 2011

Fernando Ortiz-Romero v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit · Decided April 22, 2011 · Rymer, Thomas, Paez

428 F. App'x 747

Counsel

Murray David Hilts, Law Offices of Murray D. Hilts, San Diego, CA, for Petitioner., Rebecca Ariel Hoffberg, Esquire, Trial, Carol Federighi, Esquire, Senior Litigation Counsel, Yamileth G. Handuber, Trial, OIL, William Charles Peachey, Senior Litigation Counsel, U.S. Department of Justice, Washington, DC, Ronald E. LeFevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Opinion

MEMORANDUM **

Fernando Ortiz-Romero, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand.

The BIA denied Ortiz-Romero’s motion to reopen 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 concluded 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)). 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.

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