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Oscar Daniel BOLANES-BLANCO, a.k.a. Oscar Bolanos, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2011-04-22No. No. 08-71836
428 F. App'x 749

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Opinion

majority opinion

MEMORANDUM

Oscar Daniel Bolanes-Blanco, a native and citizen of Nicaragua, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand.

The BIA denied Bolanes-Blanco’s motion to reopen without the benefit of our decision in Coyt v. Holder, 593 F.3d 902 (9th Cir.2010), in which we concluded that 8 C.F.R. § 1003.2(d) did not apply to cause the withdrawal of a motion to reopen filed by a petitioner who subsequently has been removed from the United States. See Coyt, 593 F.3d at 906-07. We remand in light of this intervening case law for the BIA to reconsider Bolanes-Blanco’s motion, including, if necessary, whether the 90-day filing limitation should be equitably tolled.

We construe Bolanes-Blanco’s letter of January 26, 2009, as a motion to supplement the record. So construed, the motion is denied as moot.

PETITION FOR REVIEW GRANTED; REMANDED.

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