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

Maria Sandoval Calderon v. Eric Holder, Jr.

Maria Sandoval Calderon v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 28, 2011 · Canby, O'Scannlain, Fisher
440 F. App'x 593

Maria Sandoval Calderon v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Maria Esther Sandoval Calderon, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her motion to reopen her deportation proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Arrieta v. INS, 117 F.3d 429, 430 (9th Cir. 1997). We grant the petition for review and remand.

The BIA abused its discretion in determining that Sandoval Calderon’s receipt of the hearing notice for her December 7, 1993 hearing constituted proper service of the hearing notice for the April 3, 1995 hearing at which she was ordered deported in absentia. See 8 U.S.C. § 1252b(c)(l) (1995). We remand for the agency to determine whether she was properly served with the hearing notice for the April 3, 1995 hearing in light of the unaddressed contentions in her motion to reopen.

In light of our disposition, we need not reach Sandoval Calderon’s remaining contentions.

PETITION FOR REVIEW GRANTED; REMANDED.

**

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

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