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Luna-Ramirez v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 24, 2012
467 F. App'x 565 (9th Cir. 2012)

Opinion

No. 07-72812 Agency No. A098-112-383

01-24-2012

DINA MARIBEL LUNA-RAMIREZ, 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NOT FOR PUBLICATION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: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.

Dina Maribel Luna-Ramirez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals' ("BIA") order denying her motion to reopen and reconsider its underlying decision dismissing as untimely her appeal from an immigration judge's ("IJ") removal order. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA's denial of a motion to reopen and reconsider. Mohammed v. Gonzales, 400 F.3d 785 (9th Cir. 2005). We grant the petition for review and remand.

The BIA dismissed Luna-Ramirez's appeal on jurisdictional grounds, as untimely, without the benefit of our decision in Irigoyen-Briones v. Holder, 644 F.3d 943, 948 (9th Cir. 2011) (holding that the BIA's 30-day deadline for appeals is a claim-processing rule and is not jurisdictional). We therefore remand for the agency to reconsider whether, under the circumstances presented, it will hear the appeal from the IJ's decision in this case. See INS v. Ventura, 537 U.S. 12, 16 (2002).

PETITION FOR REVIEW GRANTED; REMANDED.


Summaries of

Luna-Ramirez v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 24, 2012
467 F. App'x 565 (9th Cir. 2012)
Case details for

Luna-Ramirez v. Holder

Case Details

Full title:DINA MARIBEL LUNA-RAMIREZ, Petitioner, v. ERIC H. HOLDER, Jr., Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jan 24, 2012

Citations

467 F. App'x 565 (9th Cir. 2012)