Widjaja v. Holder , 474 F. App'x 521 ( 2012 )

FILED
NOT FOR PUBLICATION JUL 02 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LINDA WIDJAJA, a.k.a. Linda Widjaja No. 06-75566
McFarland,
Agency No. A077-820-134
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 26, 2012 **
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Linda Widjaja, a native and citizen of Indonesia, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order concluding that her appeal had been
withdrawn as a result of her departure from the United States. 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).
We remand for the BIA to reconsider whether Widjaja’s appeal was
withdrawn in light of our intervening decision in Coyt v. Holder, 593 F.3d 902 (9th
Cir. 2010) (citing Madrigal v. Holder, 572 F.3d 239 (6th Cir. 2009)).
PETITION FOR REVIEW GRANTED; REMANDED.
2 06-75566