FILED
NOT FOR PUBLICATION APR 27 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ARTURO LANDA-ROMERO, No. 09-71884
Petitioner, Agency No. A096-061-878
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Arturo Landa-Romero, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reissue
its previous decision dismissing his appeal. We have jurisdiction under 8 U.S.C.
§ 1252. We review for abuse of discretion the denial of a motion to reopen.
*
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).
Hernandez-Velasquez v. Holder, 611 F.3d 1073, 1077 (9th Cir. 2010). We grant
the petition for review.
The BIA abused its discretion in denying Landa-Romero’s motion to reissue
where it failed to address Landa-Romero’s evidence that he did not receive the
BIA’s August 21, 2008, order dismissing his appeal. See id. (BIA must consider
the “weight and consequences” of petitioner’s evidence of non-receipt).
PETITION FOR REVIEW GRANTED; REMANDED.
2 09-71884