Rosa Elena Contreras-De Elena v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROSA ELENA CONTRERAS-DE
ELENA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-71321
Agency No. A070-105-480
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 23, 2010**
Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges.
Rosa Elena Contreras-De Elena, a native and citizen of Colombia, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her
FILED
SEP 07 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-71321 2
appeal from an immigration judge’s decision denying her motion to reopen
exclusion proceedings conducted in absentia. We have jurisdiction under 8 U.S.C.
§ 1252. We grant the petition for review and remand.
The BIA dismissed Contreras-De Elena’s appeal as moot because she
departed during the pendency of her appeal. In an intervening opinion, Coyt v.
Holder, 593 F.3d 902, 907 (9th Cir. 2010), this court held that a petitioner’s
physical removal by the government while his motion to reopen was pending did
not constitute withdrawal of the motion. We remand for the BIA to reconsider
whether Contreras-De Elena’s appeal is withdrawn in light of our holding in Coyt.
In light of our disposition, we need not reach Contreras-De Elena’s
remaining contentions.
PETITION FOR REVIEW GRANTED; REMANDED.

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