FILED
NOT FOR PUBLICATION JUN 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARIA ESTHER SANDOVAL No. 09-71158
CALDERON,
Agency No. A070-103-175
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges
Maria Esther Sandoval Calderon, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing her appeal from an immigration judge’s decision denying her motion to
reopen her deportation proceedings conducted in absentia. We have jurisdiction
*
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).
under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to
reopen. Arrieta v. INS, 117 F.3d 429, 430 (9th Cir. 1997). We grant the petition
for review and remand.
The BIA abused its discretion in determining that Sandoval Calderon’s
receipt of the hearing notice for her December 7, 1993 hearing constituted proper
service of the hearing notice for the April 3, 1995 hearing at which she was ordered
deported in absentia. See 8 U.S.C. § 1252b(c)(1) (1995). We remand for the
agency to determine whether she was properly served with the hearing notice for
the April 3, 1995 hearing in light of the unaddressed contentions in her motion to
reopen.
In light of our disposition, we need not reach Sandoval Calderon’s
remaining contentions.
PETITION FOR REVIEW GRANTED; REMANDED.
2 09-71158