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Rafael Armando Ibarra PEREZ; et al., Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2012-05-25No. No. 09-73064
473 F. App'x 723

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Opinion

majority opinion

MEMORANDUM

Rafael Armando Ibarra Perez, Leticia Ibarra, and their son, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand. The BIA rejected petitioners’ motion to reopen without the benefit of our decision in Reyes-Torres v. Holder, 645 F.3d 1073, 1077 (9th Cir.2011), in which we concluded that 8 C.F.R. § 1003.2(d) did not preclude a motion to reopen filed after a petitioner had been removed. We remand to the BIA in light of this intervening case law. Because of our remand, we do not address petitioners’ remaining contentions.

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.