Eduardo Ramos-Martinez 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NOT FOR PUBLICATION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
EDUARDO RAMOS-MARTINEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-73498
Agency No. A095-700-772
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 9, 2012**
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Eduardo Ramos-Martinez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s order denying his motion to reopen removal proceedings
conducted in absentia. We have jurisdiction under to 8 U.S.C. § 1252. We review
FILED
OCT 15 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-73498 2
for abuse of discretion the denial of a motion to reopen, Lo v. Ashcroft, 341 F.3d
934, 937 (9th Cir. 2003), and we grant the petition for review and remand for
further proceedings.
The agency does not appear to have made any findings of fact regarding
Ramos-Martinez’s claim that he received erroneous information from his
attorney’s office with respect to the hearing date. It instead concluded that Ramos-
Martinez failed to establish “exceptional circumstances” for his absence at his
hearing because he was personally served with notice of the hearing. This is not
supported by our case law. See Lo, 341 F.3d at 936-39; see also Monjaraz-Munoz
v. INS, 327 F.3d 892, 896-97 (9th Cir. 2003), as amended on reh’g, 339 F.3d 1012
(9th Cir. 2003) (failure to appear based on negligent advice of attorney’s agent
constitutes an exceptional circumstance).
PETITION FOR REVIEW GRANTED; REMANDED.

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