Lopez-Huezo

Lopez-Huezo v. Gonzales

Good Law
139 F. App'x 828
United States Court of Appeals for the Ninth CircuitJuly 15, 2005No. 04-70948California470 words

Opinion

Lead Opinion

MEMORANDUM **

Sara Maritza Lopez-Huezo, a native and citizen of El Salvador, petitions pro se for review of an order of the Board of Immi *829 gration Appeals (“BIA”) dismissing her appeal from an Immigration Judge’s (“IJ”) denial of her motion to reopen deportation proceedings. We have jurisdiction pursuant to former 8 U.S.C. § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review the BIA’s ruling on a motion to reopen for abuse of discretion. Celis-Castellano v. Ashcroft, 298 F.3d 888, 890-91 (9th Cir.2002). We grant the petition for review and remand for further proceedings.

The agency denied Lopez-Huezo’s motion to reopen to apply for special rule cancellation of removal pursuant to the Nicaraguan Adjustment and Central American Relief Act (“NACARA”), for two reasons. First, the agency determined that it lacked authority to consider LopezHuezo’s untimely motion to reopen, citing Munoz v. Ashcroft, 339 F.3d 950, 956-57 (9th Cir.2003) (eligibility deadlines established by NACARA are cut-off dates and, therefore, not subject to equitable tolling). Our recent decision in Albillo-De Leon v. Gonzales, 410 F.3d 1090 , 2005 WL 1345565 (9th Cir. June 8, 2005),…

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