FILED
NOT FOR PUBLICATION FEB 21 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSE DE JESUS AVILA SANDOVAL, No. 09-72904
Petitioner, Agency No. A079-537-376
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted February 12, 2013
Pasadena, California
Before: BERZON and WATFORD, Circuit Judges, and CARR, Senior District
Judge.**
Jose de Jesus Avila Sandoval (“Avila”) petitions for review from the
decision of the Board of Immigration Appeals (“BIA”) denying as untimely his
motion to reopen removal proceedings. This Court previously instructed the BIA
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable James G. Carr, Senior United States District Judge for
the Northern District of Ohio, sitting by designation.
to consider whether Avila’s motion should be deemed timely based on equitable
tolling of the filing period. The BIA abused its discretion by rejecting the
application of equitable tolling without any supporting factual or legal analysis.
See Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir. 2005). On remand, the
BIA shall, after considering arguments from the parties, reconsider whether Avila
is entitled to equitable tolling and explain the reasons for its decision.
PETITION FOR REVIEW GRANTED AND REMANDED.