Renhua Jin v. Eric Holder, Jr.

MEMORANDUM

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 ab-sentia. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of 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.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.