Fernando Ortiz-Romero v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION APR 22 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT FERNANDO ORTIZ-ROMERO, No. 09-71034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