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

Fernando Ortiz-Romero v. Eric Holder, Jr.

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

Fernando Ortiz-Romero v. Eric Holder, Jr.

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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