Rafael Armando Ibarra Perez; 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NOT FOR PUBLICATION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
RAFAEL ARMANDO IBARRA PEREZ;
et al.,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-73064
Agency Nos. A096-346-322
A096-346-323
A096-346-324
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 15, 2012**
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Rafael Armando Ibarra Perez, Leticia Ibarra, and their son, natives and
citizens of Mexico, petition for review of the Board of Immigration Appeals’
FILED
MAY 25 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-73064 2
(“BIA”) order denying their motion to reopen. We have jurisdiction under 8
U.S.C. § 1252. We grant the petition for review and remand.
The BIA rejected petitioners’ motion to reopen without the benefit of our
decision in Reyes-Torres v. Holder, 645 F.3d 1073, 1077 (9th Cir. 2011), in which
we concluded that 8 C.F.R. § 1003.2(d) did not preclude a motion to reopen filed
after a petitioner had been removed. We remand to the BIA in light of this
intervening case law.
Because of our remand, we do not address petitioners’ remaining
contentions.
PETITION FOR REVIEW GRANTED; REMANDED.

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