Bhagtana v. Holder ( 2010 )

FILED
NOT FOR PUBLICATION MAR 23 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
PARMINDER SINGH BHAGTANA, No. 07-71631
Petitioner, Agency No. A096-152-279
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted March 12, 2010
San Francisco, California
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Parminder Singh Bhagtana, a native and citizen of India, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252.
We grant the petition for review and remand for further proceedings.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
The BIA determined that Bhagtana’s failure to submit his fingerprints by the
deadline imposed by the IJ was sufficient reason to deny his application for
asylum, withholding of removal, and relief under the Convention Against Torture.
See 8 C.F.R. § 1003.47(c). The agency, however, did not have the benefit of our
intervening decision in Cui v. Mukasey, 538 F.3d 1289 (9th Cir. 2008), which held
that refusing to continue proceedings for fingerprint processing may be an abuse of
discretion. We remand for the agency to reconsider its denial of Bhagtana’s
application in light of Cui. See id. at 1292-95; see also Karapetyan v. Mukasey,
543 F.3d 1118, 1129-32 (9th Cir. 2008).
PETITION FOR REVIEW GRANTED, REMANDED.