FILED
NOT FOR PUBLICATION APR 22 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LUIS MANUEL COELHO, No. 08-72115
Petitioner, Agency No. A030-816-201
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 20, 2011 **
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
Luis Manuel Coelho, a native and citizen of Portugal, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order rejecting his motion to reopen.
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 BIA rejected Coelho’s motion to reopen without the benefit of our
decision in Reyes-Torres v. Holder, Nos. 08-74452 & 09-70214, 2011 WL
1312570 (9th Cir. April 7, 2011) (mandate pending), in which we concluded that
8 C.F.R. § 1003.2(d) did not apply to preclude a motion to reopen filed after the
petitioner had been removed. See Reyes-Torres, 2011 WL 1312570, at *2-*3
(citing Coyt v. Holder, 593 F.3d 902 (9th Cir. 2010)). We remand to the BIA in
light of this intervening case law.
PETITION FOR REVIEW GRANTED; REMANDED.
2 08-72115