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NOT FOR PUBLICATION APR 22 2011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
FERNANDO ORTIZ-ROMERO, No. 09-71034
Petitioner, Agency No. A076-713-230
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.
Fernando Ortiz-Romero, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying 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 denied Ortiz-Romero’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 09-71034