Luis Sanchez-Bautista v. Eric Holder, Jr. , 435 F. App'x 701 ( 2011 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                            JUN 06 2011
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                      U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    LUIS SANCHEZ-BAUTISTA,                           No. 09-73048
    Petitioner,                       Agency No. A077-285-277
    v.
    MEMORANDUM *
    ERIC H. HOLDER, Jr., Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted May 24, 2011 **
    Before:        PREGERSON, THOMAS, and PAEZ, Circuit Judges.
    Luis Sanchez-Bautista, a native and citizen of Mexico, petitions for review
    of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
    removal proceedings. We have jurisdiction under 
    8 U.S.C. § 1252
    . We review for
    abuse of discretion the denial of a motion to reopen. Iturribarria v. INS, 321 F.3d
    *
    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).
    889, 894 (9th Cir. 2003). We deny in part and grant in part the petition for review,
    and remand for further proceedings.
    The BIA did not abuse its discretion in denying Sanchez-Bautista’s motion
    to reopen as untimely where the motion was filed more than two years after the
    BIA’s final order of removal, see 
    8 C.F.R. § 1003.2
    (c)(2), and Sanchez-Bautista
    did not show he was entitled to equitable tolling, see Iturribarria, 321 F.3d at 897.
    Because the BIA failed to address Sanchez-Bautista’s request to reopen his
    proceedings sua sponte, we remand for the BIA to consider Sanchez-Bautista’s
    request in the first instance. See Montes-Lopez v. Gonzales, 
    486 F.3d 1163
    , 1165
    (9th Cir. 2007).
    Each party shall bear its own costs for this petition for review.
    PETITION FOR REVIEW DENIED in part; GRANTED in part;
    REMANDED.
    2                                    09-73048
    

Document Info

Docket Number: 09-73048

Citation Numbers: 435 F. App'x 701

Judges: Paez, Pregerson, Thomas

Filed Date: 6/6/2011

Precedential Status: Non-Precedential

Modified Date: 8/3/2023