FILED NOT FOR PUBLICATION SEP 21 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RITO VARGAS-MARQUEZ, No. 09-71349 Petitioner, Agency No. A092-647-617 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 16, 2011** San Francisco, California Before: PAEZ, BERZON, and BEA, Circuit Judges.

Pursuant to this court’s decision in Ruben Reyes-Torres v. Holder, 645 F.3d 1073 (9th Cir. 2011), the order of the Board of Immigration Appeals is vacated and the case is remanded to the Board for proceedings consistent with that opinion.

REMANDED.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).