FILED
NOT FOR PUBLICATION SEP 27 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
WALTER DE JESUS MONTERROSA- No. 08-73071
CRUZ, a.k.a. Walter De Jesus Monterrosa,
Agency No. A037-222-334
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Walter De Jesus Monterrosa-Cruz, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ order summarily
affirming his appeal from an immigration judge’s removal order. We have
jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand.
*
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 agency denied Monterrosa-Cruz’s request for relief under former
section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), for failure to submit his
fingerprints by the deadline imposed by the IJ. See 8 C.F.R. § 1003.47(c). The
agency, however, did not have the benefit of our intervening decision in Cui v.
Mukasey, 538 F.3d 1289 (9th Cir. 2008), which held that refusing to continue
proceedings for fingerprint processing may be an abuse of discretion. We remand
for the agency to reconsider its denial of Monterrosa-Cruz’s application in light of
Cui. See 538 F.3d at 1292-95; see also Karapetyan v. Mukasey, 543 F.3d 1118,
1129-32 (9th Cir. 2008).
PETITION FOR REVIEW GRANTED; REMANDED.
2 08-73071