Jose De Jesus Avila Sandoval 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 Honorable James G. Carr, Senior United States District Judge for**
the Northern District of Ohio, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE DE JESUS AVILA SANDOVAL,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-72904
Agency No. A079-537-376
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted February 12, 2013
Pasadena, California
Before: BERZON and WATFORD, Circuit Judges, and CARR, Senior District
Judge.**
Jose de Jesus Avila Sandoval (“Avila”) petitions for review from the
decision of the Board of Immigration Appeals (“BIA”) denying as untimely his
motion to reopen removal proceedings. This Court previously instructed the BIA
FILED
FEB 21 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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to consider whether Avila’s motion should be deemed timely based on equitable
tolling of the filing period. The BIA abused its discretion by rejecting the
application of equitable tolling without any supporting factual or legal analysis.
See Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir. 2005). On remand, the
BIA shall, after considering arguments from the parties, reconsider whether Avila
is entitled to equitable tolling and explain the reasons for its decision.
PETITION FOR REVIEW GRANTED AND REMANDED.

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