Bhagtana

FILED

NOT FOR PUBLICATION MAR 23 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

PARMINDER SINGH BHAGTANA, No. 07-71631

Petitioner, Agency No. A096-152-279

v.

MEMORANDUM *

ERIC H. HOLDER Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted March 12, 2010 San Francisco, California

Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.

Parminder Singh Bhagtana, a native and citizen of India, petitions for review

of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an

immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252.

We grant the petition for review and remand for further proceedings.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. The BIA determined that Bhagtana’s failure to submit his fingerprints by the

deadline imposed by the IJ was sufficient reason to deny his application for

asylum, withholding of removal, and…