Manjit Kaur v. Eric H. Holder Jr. ( 2010 )

FILED
NOT FOR PUBLICATION OCT 01 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MANJIT KAUR, No. 08-73395
Petitioner, Agency No. A078-650-912
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Manjit Kaur, a native and citizen of India, petitions for review of the Board
of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration
judge’s order denying her motion to reopen removal proceedings held in absentia.
We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion,
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Celis-Castellano v. Ashcroft, 298 F.3d 888, 890 (9th Cir. 2002), we grant the
petition for review.
The agency abused its discretion when it concluded that Kaur did not show
exceptional circumstances for her absence from her hearing because the medical
documentation Kaur’s attorney presented at the scheduled hearing indicated that
Kaur was unable to attend the hearing due to her medical condition. Cf. Celis-
Castellano, 298 F.3d at 890-92 (in which alien made no showing of the seriousness
of his alleged asthma attack, did not notify the immigration court that he would be
absent, and did not seek medical attention until two weeks after the date of the
missed hearing).
PETITION FOR REVIEW GRANTED; REMANDED.
2 08-73395