Wei Gu 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 finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
JT/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
WEI GU,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-70778
Agency No. A095-303-176
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Wei Gu, a native and citizen of China, petitions pro se for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We grant the
petition for review and remand for further proceedings.
The agency determined that Gu’s failure to submit his fingerprints far
enough in advance of his hearing was sufficient reason to deny his application for
asylum and withholding of removal. The agency, however, did not have the
benefit of our intervening decision in Cui v. Mukasey, 538 F.3d 1289 (9th Cir.
2008), which held that refusing to continue proceedings for fingerprint processing
prior to April 2005 may be an abuse of discretion. We therefore remand for the
agency to reconsider its denial of Gu’s application. See id. at 1292-95; see also
Karapetyan v. Mukasey, 543 F.3d 1118, 1129-32 (9th Cir. 2008).
PETITION FOR REVIEW GRANTED; REMANDED.

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