Testo completo
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NOT FOR PUBLICATION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
RENHUA JIN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-71076
Agency No. A095-303-231
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.
Renhua Jin, a native and citizen of China, petitions for review of the Board
of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration
judge’s decision denying her motion to reopen removal proceedings conducted in
absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
FILED
OCT 15 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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11-71076 2
discretion the denial of a motion to reopen, Rodriguez-Lariz v. INS, 282 F.3d 1218,
1222 (9th Cir. 2002), and we grant the petition for review.
The BIA abused its discretion in denying as untimely Jin’s motion to reopen.
Jin reasonably relied on her former attorney’s assurances that her proceedings were
pending. See Rodriguez-Lariz, 282 F.3d at 1225.
PETITION FOR REVIEW GRANTED; REMANDED.
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