Opinion
Argued and Submitted December 5, 2001.
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
On Petition for Review of an Order of the Board of Immigration Appeals.
Before BRUNETTI, KLEINFELD and THOMAS, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Casimiro Caballero-Orozco and Juanita Caballero-Zavala ("Petitioners") seek review of an order of the Board of Immigration Appeals ("the Board") denying their application for a suspension of deportation.
Subsequent to the Board's decision, we issued an opinion in Otarola v. INS,
Page 850.
270 F.3d 1272 (9th Cir.2001) which is directly relevant to many of the issues asserted in the petition for review. Because the Board has not had an opportunity to consider petitioners' appeal in light of Otarola, we grant the petition and remand the case to the Board for re-consideration.
Petitioners also assert that the Board neglected to consider their request for voluntary departure. Although we would ultimately lack jurisdiction to consider the merits of the issue, see Beltran-Tirado v. INS, 213 F.3d 1179, 1182 (9th Cir.2000), this is a matter the Board may also consider on remand. See Tukhowinich v. INS, 64 F.3d 460, 464 (9th Cir.1995).
PETITION GRANTED; REMANDED FOR RECONSIDERATION