Opinion
No. 08-72115.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed April 22, 2011.
Nora Elizabeth Milner, Milner Markee, LLP, San Diego, CA, for Petitioner.
OIL, Jacob Bashyrov, Esquire, Francis William Fraser, I, Esquire, Senior Litigation Counsel, DOJ-U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A030-816-201.
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Luis Manuel Coelho, a native and citizen of Portugal, petitions for review of the Board of Immigration Appeals' ("BIA") order rejecting his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand.
The BIA rejected Coelho's motion to reopen without the benefit of our decision in Reyes-Torres v. Holder, 645 F.3d 1073, 2011 WL 1312570 (9th Cir. 2011) (mandate pending), in which we concluded that 8 C.F.R. § 1003.2(d) did not apply to preclude a motion to reopen filed after the petitioner had been removed. See Reyes Torres, 645 F.3d at 1075-78, 2011 WL 1312570, at *2-*3 (citing Coyt v. Holder, 593 F.3d 902 (9th Cir. 2010)). We remand to the BIA in light of this intervening case law.