FILED
NOT FOR PUBLICATION MAY 25 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RAFAEL ARMANDO IBARRA PEREZ; No. 09-73064
et al.,
Agency Nos. A096-346-322
Petitioners, A096-346-323
A096-346-324
v.
ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM *
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 15, 2012 **
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Rafael Armando Ibarra Perez, Leticia Ibarra, and their son, natives and
citizens of Mexico, petition for review of the Board of Immigration Appeals’
*
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).
(“BIA”) order denying their motion to reopen. We have jurisdiction under 8
U.S.C. § 1252. We grant the petition for review and remand.
The BIA rejected petitioners’ motion to reopen without the benefit of our
decision in Reyes-Torres v. Holder, 645 F.3d 1073, 1077 (9th Cir. 2011), in which
we concluded that 8 C.F.R. § 1003.2(d) did not preclude a motion to reopen filed
after a petitioner had been removed. We remand to the BIA in light of this
intervening case law.
Because of our remand, we do not address petitioners’ remaining
contentions.
PETITION FOR REVIEW GRANTED; REMANDED.
2 09-73064