Francisco Jose Vasquez 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NOT FOR PUBLICATION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
FRANCISCO JOSE VASQUEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-71773
Agency No. A028-713-669
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.
Francisco Jose Vasquez, a native and citizen of Nicaragua, petitions pro se
for review of the Board of Immigration Appeals’ (“BIA”) order vacating an
immigration judge’s (“IJ”) decision granting suspenson of deportation. We have
jurisdiction under 8 U.S.C. § 1252. Reviewing de novo questions of law, Mejia-
FILED
OCT 15 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-71773 2
Hernandez v. Holder, 633 F.3d 818, 822 (9th Cir. 2011), we grant the petition for
review.
The IJ acted within her authority when she reopened proceedings to consider
Vasquez’s application for relief from deportation after she rescinded his lawful
permanent residence status under 8 U.S.C. § 1256. See 8 C.F.R. § 1003.23(b)(1)
(an IJ may at any time reopen or reconsider any case in which she made a decision,
unless jurisdiction is vested with the BIA). It follows that the BIA erred in finding
that on remand, the IJ was without jurisdiction to grant Vasquez suspension of
deportation. See Matter of Patel, 16 I. & N. Dec. 600, 601 (BIA 1978). We
therefore grant the petition for review with instructions to remand to the IJ so that
she may conclude Vasquez’s deportation proceedings.
PETITION FOR REVIEW GRANTED; REMANDED.

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