From Casetext: Smarter Legal Research

Renhua Jin v. Holder

UNITED STATES COURT OF APPEAI FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 878 (9th Cir. 2012)

Opinion

No. 11-71076 Agency No. A095-303-231

10-15-2012

RENHUA JIN, 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NOT FOR PUBLICATION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.

Renhua Jin, a native and citizen of China, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing her appeal from an immigration judge's decision denying her motion to reopen removal proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir. 2002), and we grant the petition for review.

The BIA abused its discretion in denying as untimely Jin's motion to reopen. Jin reasonably relied on her former attorney's assurances that her proceedings were pending. See Rodriguez-Lariz, 282 F.3d at 1225.

PETITION FOR REVIEW GRANTED; REMANDED.


Summaries of

Renhua Jin v. Holder

UNITED STATES COURT OF APPEAI FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 878 (9th Cir. 2012)
Case details for

Renhua Jin v. Holder

Case Details

Full title:RENHUA JIN, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General…

Court:UNITED STATES COURT OF APPEAI FOR THE NINTH CIRCUIT

Date published: Oct 15, 2012

Citations

485 F. App'x 878 (9th Cir. 2012)