Widjaja v. Holder

FILED NOT FOR PUBLICATION JUL 02 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT LINDA WIDJAJA, a.k.a. Linda Widjaja No. 06-75566 McFarland, Agency No. A077-820-134 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 26, 2012 ** Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges. Linda Widjaja, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order concluding that her appeal had been withdrawn as a result of her departure from the United States. 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). We remand for the BIA to reconsider whether Widjaja’s appeal was withdrawn in light of our intervening decision in Coyt v. Holder, 593 F.3d 902 (9th Cir. 2010) (citing Madrigal v. Holder, 572 F.3d 239 (6th Cir. 2009)). PETITION FOR REVIEW GRANTED; REMANDED. 2 06-75566