Guevara Carpio v. Holder

FILED NOT FOR PUBLICATION JUL 30 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT EVELIN MARLENI GUEVARA No. 07-70181 CARPIO, Agency No. A077-816-210 Petitioner, v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 19, 2010 ** Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges. Evelin Marleni Guevara Carpio, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 and we remand the petition for review. * 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). The government has requested a remand of this case based on the BIA’s decision in In re A-M-E & J-G-U-, 24 I. & N. Dec. 69, 75-76 (BIA 2007). We grant the government’s opposed request to remand Carpio’s motion to reopen for the BIA to reconsider in light of intervening case law. See also Perdomo v. Holder, No. 06-71652, 2010 WL 2721524 (July 12, 2010). PETITION FOR REVIEW REMANDED. 2 07-70181