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Ramos-Martinez v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 877 (9th Cir. 2012)

Opinion

No. 10-73498 Agency No. A095-700-772

10-15-2012

EDUARDO RAMOS-MARTINEZ, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


On Petition for Review of an Order of the

Board of Immigration Appeals

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Eduardo Ramos-Martinez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's order denying his motion to reopen removal proceedings conducted in absentia. We have jurisdiction under to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Lo v. Ashcroft, 341 F.3d 934, 937 (9th Cir. 2003), and we grant the petition for review and remand for further proceedings.

The agency does not appear to have made any findings of fact regarding Ramos-Martinez's claim that he received erroneous information from his attorney's office with respect to the hearing date. It instead concluded that Ramos-Martinez failed to establish "exceptional circumstances" for his absence at his hearing because he was personally served with notice of the hearing. This is not supported by our case law. See Lo, 341 F.3d at 936-39; see also Monjaraz-Munoz v. INS, 327 F.3d 892, 896-97 (9th Cir. 2003), as amended on reh'g, 339 F.3d 1012 (9th Cir. 2003) (failure to appear based on negligent advice of attorney's agent constitutes an exceptional circumstance).

PETITION FOR REVIEW GRANTED; REMANDED.


Summaries of

Ramos-Martinez v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 877 (9th Cir. 2012)
Case details for

Ramos-Martinez v. Holder

Case Details

Full title:EDUARDO RAMOS-MARTINEZ, Petitioner, v. ERIC H. HOLDER, Jr., Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 15, 2012

Citations

485 F. App'x 877 (9th Cir. 2012)