Oscar Bolanes-Blanco v. Eric H. Holder Jr. ( 2011 )

FILED
NOT FOR PUBLICATION APR 22 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
OSCAR DANIEL BOLANES-BLANCO, No. 08-71836
a.k.a. Oscar Bolanos,
Agency No. A029-769-354
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 20, 2011 **
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
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.
*
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).
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.
2 08-71836