FILED
NOT FOR PUBLICATION AUG 02 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ORALIA MUNOZ-LECHUGA, No. 08-71768
Petitioner, Agency No. A098-451-412
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.
Oralia Munoz-Lechuga, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252.
We grant and 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).
Because the BIA failed to address the ineffective assistance of counsel claim
raised by Munoz-Lechuga in her motion to accept her late-filed brief, we remand
for the BIA to consider her claim in the first instance. See Singh v. Gonzales, 416
F.3d 1006, 1015 (9th Cir. 2005).
PETITION FOR REVIEW GRANTED; REMANDED.
2 08-71768