Mario Orlando Goches- Montano 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NOT FOR PUBLICATION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
MARIO ORLANDO GOCHES-
MONTANO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-73136
Agency No. A098-438-059
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Mario Orlando Goches-Montano, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying
his motion to reconsider its underlying decision dismissing as untimely his appeal
FILED
MAR 01 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

08-73136 2
from an immigration judge’s (“IJ”) removal order. We have jurisdiction under 8
U.S.C. § 1252(a). We review for abuse of discretion the BIA’s denial of a motion
to reconsider. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We
grant the petition for review.
The BIA dismissed Goches-Montano’s appeal as untimely without the
benefit of our decision in Irigoyen-Briones v. Holder, 644 F.3d 943, 948 (9th Cir.
2011), which held that the 30-day deadline for filing a notice of appeal with the
BIA is not jurisdictional. We therefore remand for the BIA to reconsider whether,
under the circumstances presented, it will hear the appeal from the IJ’s decision in
this case. See INS v. Ventura, 537 U.S. 12, 16 (2002).
PETITION FOR REVIEW GRANTED; REMANDED.

-- 2 of 2 --