Rafael Ibarra Perez v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION MAY 25 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT RAFAEL ARMANDO IBARRA PEREZ; No. 09-73064 et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