Alma Castellanos-Leon v. Eric Holder, Jr. , 440 F. App'x 570 ( 2011 )

FILED
NOT FOR PUBLICATION JUN 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALMA DELIA CASTELLANOS-LEON, No. 10-71417
Petitioner, Agency No. A075-648-886
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Alma Delia Castellanos-Leon, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
reopen. We review for abuse of discretion the denial of a motion to reopen, Singh
*
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).
v. Gonzales, 491 F.3d 1090, 1095 (9th Cir. 2007), and we grant the petition for
review.
The BIA abused its discretion in declining to equitably toll the filing
deadline for Castellanos-Leon’s untimely motion to reopen between “late-2007”
and January 25, 2008, where sworn statements submitted in support of the motion
indicate that Castellanos-Leon did not definitively learn of her prior counsels’
deficiencies until January 25, 2008. See id. at 1096.
PETITION FOR REVIEW GRANTED; REMANDED.
2 10-71417